Legal Question in Family Law in New York
Modification of custodial arrangement
I separated 11/97 and the divorce was finalized in 1999. I have 2 children from that marriage, currently 14 yrs and 16 1/2 yrs. I couldn't afford a lawyer so I let me ex handle the proceedings. We agreed to joint custody but I allowed the papers to state that he has physical custody(long story). I found my new apt 1/98 and since then, my boys have been living with me during school time and with their father on weekends and non school days with the summers spent with both of us. They attend catholic school and have been for 8 yrs and we split the expense 50/50.Other than school, I don't receive any additional money and actually verbally agreed to that in the beginning. We are both remarried. Now that years have gone by, expenses for the boys have increased, I asked my ex for additional money than just 1/2 school expenses. He said he'll do what he can but that has been nothing. I want to go back to court to modify the papers to reflect me as the cp since the boys physically lived with me most of the time. What are my chances of the courts modifying the papers even though I signed them giving him physical custody (it was only on paper).
3 Answers from Attorneys
Re: Modification of custodial arrangement
Since physical custody has changed, you should seek an order granting you physical custody and requiring your ex to pay child support, together with contributions to the extraordinary and educational expenses.
Let me know if I can be of help.
Daniel Clement
Re: Modification of custodial arrangement
I need to hear more details about your case but, given what you wrote, I would simply file for modification of the child support order, based on the change in physical custody as the change in circumstances. Since there is joint custody, the court must determine the custodial parent for support purposes by looking at how much time the children spend with each parent. Again, I need to see all of the relevant documentation in order to give you a proper assessment, but I think you have a strong case. Call me at 212-367-9167 if you want to talk more about this. I do not charge a fee for initial consultations.
Re: Modification of custodial arrangement
Whether or not the papers say the father has custody is not relevant since he relinquished custody to you years ago.
You need to go to family court and file a petition for modification of custody to reflect the fact that you have physical custody and a petition for child support. Unfortunately, your ex has been successful in dodging his child support obligation for years --- and the ones who have suffered are your children. There is no way a court could sign a divorce decree without specifiying the amount of child support so he claimed he was the custodial parent. Because you did not have a lawyer to protect you, your children have probably lost out on thousands of dollars of child support each year. Now, you must take action and rectify this situation. PLease consult with an attorney and move swiftly. While you will not be able to go back and get the child support for the years past, it is extremely important to get them going forward. You and your children are entitled to a percentage of his gross income ranging from 17%-35% depending on the number of children, in addition he may be required to pay his share of schools, extracurricular activities ( music lessons, little league etc.), a share of medical expenses, and college expenses. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
