Legal Question in Family Law in New York

visitation/child support

My daughter's father is the noncustodial parent. He is ordered to pay child support. It is deducted out of his pay. He recently changed jobs and didn't contact the support collections unit of his new employer. He is in violation. The support unit is trying to find out his new mailing address due to he has also moved. He has visitation to see her every other weekend. Do I have the right not to let him see her due to the fact that he hasn't paid support for her since 12/8/06?


Asked on 1/16/07, 11:37 am

1 Answer from Attorneys
Andrew M. Ayers Law Offices of Howard B. Felcher

Re: visitation/child support

The issues of visitation and child support are separate and thus, you shouldn't withhold visitation.

What you can do is attempt to assist the child support unit in their investigation of his new address and new employment. They can help advise you through the process and if he becomes significantly in arrears, you can take him to Court regarding the non-payment of child support.

However, it is not advisable to suspend the visitation as it can cause issues between your daughter and her father.

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Answered on 1/16/07, 5:40 pm


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