Legal Question in Family Law in New York

I have been paying child support for 11yrs in which I have not seen my children ages 18 and 19 it over 2yrs. I have no contact with them although I have court order visitation. They are not brought to a designated pick up point nor do I get them on Holidays etc etc. Their mother says they don't want to see me and that after 18 they are not obligated to see me . Although she used this excuse in court she was ordered by the judge to make sure that she made them available for the visits. I have no idea of what the children are doing of if they are in school or what . The household screens the calls and wont answer when I leave messages. The ex is also supposed to inform me anytime the children are outside the county or state for more than 48 hrs. I have found out they have been away several times and I have never been told as to their where abouts.

Is there any recourse? I felt the ex has played a major role in alienating the children from me and that she has been incontempt for the visitations and not informing me of their whereabouts. Are the children still directed to see me even though they are over 18 or can I go to court and file contempt charges .


Asked on 9/15/09, 1:21 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, child support and visitation are not linked and visitation can not in most cases be used to offset child support. That being said, judges have in very few cases held the custodial parent liable for not supporting child visitation and have held back support.

Second, you should bring an enforcement petition and contempt petition in family court to force her to assist you in visiting with your children or get the judge to talk to the children and find out what is going on.

You need an attorney!

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Answered on 9/28/09, 1:45 pm


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