Legal Question in Family Law in New York
paying child support & child no longer lives with mother
I am selfempployed and have been paying child support to my ex wife in pa for 17 years and have always been deniend and acess to my daughter. this week my daughter called me direct and turns out she has not lived with my x for the last 4 years. summers in IN with an older half sister and the school yr with grandparents. no one but the x receives any money not even daughter.can i ask the cour to send money direct to child? also even though she has not supported our child, mother does not work, she took me to court just 8 months ago seeking more money from me.request was denined she did not appear, cost me $1,000. for lawyer fee. she stated she had no intention of coming just wanted it to cost me money either in fee;s or an increase.can i sue her for the lawyer fee and also sue her to repay the last 4 years of support back to our daughter? please advise.
2 Answers from Attorneys
Re: paying child support & child no longer lives with mother
You first need to prove to the Court that the Child Support ordered and paid to the mother, should be terminated, retro-active to the date the mother ceased to be the "custodial parent," in fact.
Your child may need to directly Petition the Court for Child Support from both you and her mother.
Good luck,
Phroska L. McAlister,ESQ
Re: paying child support & child no longer lives with mother
Based upon your ex wife's fraud, you may be able to obtain a refund on the support that you have paid to her. If you would like to discuss this matter in depth, please call Alexis at 518-383-1182 to schedule a consultation. A consultation can be by phone.
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