Legal Question in Family Law in New York
Visitation/child support_ex
My ex and I have been 'physically' separated for 6 years and have a verbal agreement regarding visitation (alternate weekends/2 weeks during summer) for our two young children. However, during this time because it has not been enforced through the legal system he often times makes up his own schedule according to how convenient/ inconvenient it is for him and his 'new family'. I pushed through a petition for child support back in 1997 but for the sake of his mental/financial stability, I have never enforced it or had it 're-assessed'. He has never paid for their school fees, day care or medical expenses. He also promised to help me pay for our divorce which has not been finalized because he comes up with different excuses why he won't sign - one I've been forced to pay alone.
What can I do? I am trying to be fair but I need some resolution and I need to have him pay. My patience has run out.
Thank you.
1 Answer from Attorneys
Re: Visitation/child support_ex
You should go to Family Court and file a custody/visitation petition. This way, if he does not do as he agrees, you have a judge to back you up.