Legal Question in Family Law in New York
support and visitation
My ex husband is getting remarried this year. He refuses to take the children for the 2 week court ordered visits because he is ''too busy'' to take them this year. I also heard something about the child support amount that is to be taken from his income. Since he will have a higher combined income now, does that mean that my child support will increase if he files his taxes jointly with his new wife?
Do I have any rights to possibly ''bill'' him for the two weeks that he refuses to take them?
1 Answer from Attorneys
Re: support and visitation
Unfortunately, no. You don't get extra support for the two weeks he won't take the children, and no, you don't get more money because his new wife will have income. You only get money based on the father's income.
If you think the refusal of visitation will continue to be a problem, you can file a violation petition with the court. I would not suggest you file just on the refused two weeks, let it go and see how much additional visitation he cancels.
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