Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2014
    Posts
    8

    Default Can a Father Seek Custody to Avoid Paying Child Support

    My question involves a child custody case from the State of: New York

    Context:
    I was the unofficial residential parent (off the books) for 3 years
    Finally obtained official residential custody in January
    I'm working with a highly combative co-parent
    I used the school districting as a point of leverage to get the order (he lives out of district).

    Current issue:
    I'm not receiving support. I make ~13k a year, he makes ~65k. I'm in grad school, been living on that and making up the difference in care costs with student loans. I let him bully me out of pursuing support for a long time, but the kiddo needs stuff and we're done being bullied. I filed a support petition. Received 20+ text messages, the gist being that he would rather buy a new house in the school district and challenge the residential status than pay support.

    My question is, assuming he actually purchases a new house (not out of the question, he is extremely angry), would that be grounds to modify custody? He lives 5 miles away, it wouldn't affect our visitation schedule, there isn't really any motive aside from the financial (which he pointed out when he told me in the same texts to move away and he'd move into the district, go after me for back support from the time where her residence with me was unofficial, etc, in response to the support petition). If he modifies custody, assuming time is still 50/50 split, can he actually avoid support with this maneuver? I'm playing it cool but it is so stressful--in the last round he really went at it with our kiddo (told her I'd take her away if he didn't get custody--bought her ice cream and told her they'd be very poor, etc...she's a teenager and quite sharp so it didn't work, but it did cause her distress and lead to her giving up on some of her requests, like coming home at bedtime on his weeknight days). That's stopped--nobody discusses legal stuff with her anymore, I had that specified in the custody order and so far it's held. But we need the support, and at the same time I'm so scared of what it would do to her if he somehow managed to upend her life to avoid the order. And the "I'll be nice as long as I get exactly what I want" followed by intensifying threats is exhausting.

    Thanks in advance for any advice you might have. I know nobody can see the future or guarantee what courts will do, I'm just hoping someone with relevant experience can give me an idea of how this might play out, and what my options are. I have a lawyer, but she's overwhelmingly busy and can't get to me to reply for a few weeks. I just want to be able to sleep in the meantime.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can He Change Custody to Avoid Support (Nys)

    Nope. Not enough to change custody. He might think he's being clever, but he's not. At all.

    File for child support and don't worry about it. He also needs to understand that even with a 50/50 timeshare it doesn't automatically rule out him having to pay child support.

  3. #3
    Join Date
    Mar 2014
    Posts
    8

    Default Re: Can He Change Custody to Avoid Support (Nys)

    That's reassuring to hear, thanks for your reply! That was my gut feeling, but it's easy to lose perspective when someone threatens to disrupt my kiddo's life. Still, even with the intensified harassment, it feels so much better to have a legally recognized agreement and recourse to third party mediation via the courts. It ain't perfect, but it helps.

    1. Sponsored Links
       

Similar Threads

  1. Establishing an Order: Father Threatens to Seek Custody if the Mother Seeks Child Support
    By flakiz in forum Child Custody, Support and Visitation
    Replies: 22
    Last Post: 04-24-2014, 09:39 PM
  2. Collection and Enforcement: Childs Father Lying About Working to Avoid Paying Child Support
    By jkennedy26 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 11-21-2012, 10:30 AM
  3. Collection and Enforcement: How Can a Father Give Up His Rights to Avoid Paying Child Support
    By outlaw221 in forum Child Custody, Support and Visitation
    Replies: 13
    Last Post: 04-06-2012, 05:08 PM
  4. Custody and Visitation Issues: Father Filing for Custody to Avoid Paying Child Support
    By angelaheath06 in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 11-11-2011, 03:34 PM
  5. Calculation of Support: Father Is Hiding Assets To Avoid Paying Child Support
    By AutumnIsabel in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-12-2006, 01:46 PM
 
 
Sponsored Links

Legal Help, Information and Resources