Can i have Joint custody? Is it possible for me to reduce the amount I pay for child support?:
I have a 10 years old Child and his mother has sole custody since 2017 . I have court documents stating that i must pay$600 a month in Child support . She is a teacher and she has high income. She also has 2 kids with a the man she currently lives with. I
have been paying $600 per month since 2016, and my income is limited. Is it possible to have the child support amount reduced without causing any problems or retaliation, such as her preventing me from seeing my son?
would also like to be involved in all decisions concerning my son and not have her be the only person making all the decisions because she has sole custody.
My point is i pay Child support on time, i have very strong relationship with my son, i want to be able to share major decisions (School, medical and religion …)
Robin’s answer: Sharing legal custody and physical custody are different. Most courts award joint legal custody to both parents, unless there is some concerning issues that would affect a parent's ability to make decisions for their child. There are factors the courts look at in order to establish physical custody which focus on the child's best interest. If you want to seek shared legal and physical custody, you should schedule a private consultation with an attorney to discuss your case and your options.
How can I renegotiate the court order:
I have a few questions.My first question is there any to be forgiven for my arrears without the co parent the reason why I asked is because when I got put on child support the following year or two Covid hit and the world was shutdown, so I couldn’t work for a few years and child support was still going up
My other question is if the co parent keeps being in contempt and doesn’t go with the court order is there any way to renegotiate the court order. Because my daughter needs to be with meher mom is not responsible nor raising her right please help
Robin’s answer: Unfortunately, you cannot dismiss the child support arrears unless the other parent agrees. A modification of child support should have been filed when your income changed. If she is not abiding by the custody order, you can file a petition to enforce/contempt and to modify the custody order. It would be advisable to consult privately with an attorney to assist you with any type of Petition.
Can I sell my house, which was court-ordered?:
As a result of my divorce, my former wife and children were given exclusive use of my house until my youngest child entered middle school. That was 8 years ago. We both agreed to put the house up for sale now, and we are in contract. My wife and I are both on the deed, and it is my mortgage.
Two years ago, she married husband number 2, who is not on the deed or the mortgage, and currently, she is divorcing husband number 2 in a contested divorce. He is not currently in the house because he is in prison.
He has filed papers in court contesting the sale of the house because in NYS, assets can't be sold during divorce proceedings.
The court order to sell the house preceded his marriage by 6 years, and I believe that it is not an asset in this current divorce situation, but one in the first marriage that the judge ordered to sell in the legal proceeding. The house was not acquired during the second marriage. In fact, I think that he has no legal standing to block the sale of the house.
Am I correct?
Robin’s answer: Technically, you are correct that the house was an asset preceding her second marriage and thus should not be considered in equitable distribution in her current divorce. However, you may need a judge to make that final determination since any increase of an asset brought into the marriage may become subject to equitable distribution in her current marriage, even though there is a prior court order to sell. The prior court order can be defended in the current action she has in her divorce. You could even possibly intervene since it is opposing your interest as well.