Legal Question in Family Law in New York
Retroactively terminate child support?
Can a child support order be
terminated retroactively (several
years worth of arrears erased) due to
alleged withholding of visitation? I
filed for a enforcement of child
support order and this was my ex-
husband's response. Is that even a
possibility (his allegation is entirely
false but it would take a really long
time for this issue to come to trial).
Is there something I can do besides
wait for a trial? Currently there is a
TRO on behalf of two of my children,
but he does have regular phone
contact with them. I believe this is
just a stalling tactic.
1 Answer from Attorneys
Re: Retroactively terminate child support?
The short answer is no. Issues of visitation and child support are independent.
Mike.