Legal Question in Family Law in New York

Re: Doesn't pay support

I am sorry to disappoint you, but the law does not condition a parent's right to visitation on his/her being up-to-date on child support payments.

From the law's perspective, visitation with a non-custodial parent is for the children's benefit, just as child support is. From that point of view -- whether or not you agree with it in your case -- to deny your husband the right to see your children because he is not paying child support would be, in effect, to DOUBLY punish your children.

The good news for you is that there are other terms that can be put into the final agreement to help insure that your husband pays child support.

It may help you to try mediation: 1) that process would allow your husband to speak frankly about what he wants in exchange for paying child support; 2) he would get information from a neutral mediator about the legal requirements to pay child support, and the consequences of non-payment. Further, studies prove that people comply with the terms of their own mediated agreements more frequently than they comply with court orders: if you and he reach a mediated agreement, you'll have more certainty that he will honor his commitments.

Also, mediation would shift the focus of negotiations away from the struggle between you and your husband, and onto your children and their needs.