You can file a petition for modification of custody based upon his non-compliance with the Order. If the Order is very recent you may have trouble receiving a modification but it would be worth a try anyways. You should contact a local family law attorney to help you navigate that process.
It's possible - but on those facts it's not a slam dunk case. You should discuss the situation in detail with a local attorney and see if it's worth filing a petition.
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If he is in arrears on Support, you can file a Violation Petition and in that petition request that payments be made through the Support Enforcement Bureau. If his failure to pick your son up after school is a recurring problem, you can also file for a modification of the Custody and Visitation Order so that you don't have to rely on him for the after school pick-up.
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I would certainly advise to move to modify the child support, at the least. Based on his unreliability, and to save you from getting fired, it would make sense to line up an emergency babysitter who can pick-up then child when he can't. This will be at cost to him, of course. In any event, if you are looking for a free initial consultation with a Family Law attorney, please feel free to call my Bronx office at 718-725-9600.
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