Legal Question in Family Law in New York

Mother's options in case of deadbeat dad

What are the options that a mother has in the case of a deadbeat dad? There are two children involved and the child support is in arrears for a few months and thousands of dollars. NYS courts keep threatening him but so far, no concrete action has been taken against him. Are there any actions she can take against him (ie custody (he has visitation every other weekend)or some other action) to force him to pay? Can his visitation be challenged legally? So far nothing else has worked.


Asked on 12/17/97, 2:16 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Mother's options -or- The Mills of the Gods

[1] In the old days, mother could avail herself of the "self-help" remedy of denying visitation .. &, in those 'olden times', often be uPheld by the Courts. However, that is _not_ a viable option now-a-days, and a mother would pursue this course of action at her peril UNLESS the father was somehow OtherWise abusing/mis-using the visitation.[2] To some degree, it would be helpful to know whether this scenario takes place in a marriage / separation {& whether there's a divorce action pending if a marriage} / out-of-wedlock.[3] One wonders, too, if your reference to NYState Courts means that this 'activity' {or apparent lack thereof} is taking place across state lines?[4] One wonders if the Father is employed / unemployed / demonstrably *broke* - or whether he has "means".

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Answered on 12/17/97, 8:38 pm


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