Question:
My ex filed and then withdrew a petition to not to pay C.O.L.A through NY state. I also filed a petition to raise my child support to 17% due to the fact he hasn’t carried health insurance since being fired from his job three years ago. Our original agreement was deviating from the Child Support Standards Act to $50 due to the fact he was to carry insurance through his employer if offered. He is now self employed.
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My question is, am I entitled to arrears for the difference in health insurance for the last three years? Also he is trying to convince our 12 year old son that he should go live with him, thinking he will not have to pay child support. If our son does decide to go there, will my ex still have to pay support? He has also shown the court documents to and told our son, saying that I am lying about the health insurance. He knows a 12 year old kid has no clue about what he is even talking about. Can I get a law guardian involved or is that something only the courts can do? My son has even said in passing that dad withdrew his petition so why are you still taking him to court? He even called our son on Christmas crying, telling him how he will be broke and unable to live if he has to pay more child support.
Answer:
As an Albany Child Support Attorney, I would advise you to communicate with your ex in writing and tell him that you will file in Court if he does not stop. Review your Agreement and the Judgment of Divorce to see if there are any provisions precluding either parent from discussing adult or court matters with your child. If there is a provision precluding that behavior, you can file a violation petition in Family Court. If there is not, file a modification petition asking that your ex be precluded from discussing adult or court matters with your child. He may end up with a slap on the wrist, but he also may stop.
If you have questions on how to handle your spouse from changing their support requirements, contact our experienced Albany Child Support Attorneys.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Albany Child Support Attorney. This does not consent an attorney client relationship.
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