QUESTION
Can I be forced by a judge to fly in to visit my children more than once a month?
Asked on Feb 14th, 2014 on Child Support - New York
More details to this question:
I am divorced and live in Nebraska. My ex lives in NY with my two daughters (8, 11). I pay 41% of my salary in child support and medical, dental and vision insurance for my daughters, no alimony. I currently visit them by keeping an apartment in NJ and flying in twice a month to visit them for the weekend. Money is getting tight and I want to reduce to once a month to cut down on flight, rental car and apartment costs in NJ. My ex says she will take me to court. We divorced with no legal intervention and signed a contract that I would pay this amount and visit twice a month, but that was when my job was in NJ. Now I am in Nebraska. Can the court force me to continue to travel twice a month?
1 ANSWER
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It sounds like you made a bad bargain because you are paying way too much child support! Regardless, no one can force you to visit, it is your right and hopefully, if your divorce agreement is well-written it states that. You can file a downward modification of child support and she can file an enforcement of visitation - the court can help you in determining a new visitation schedule and in setting a proper amount of support that contemplates the expense of travel and any change in your income (assuming Nebraska pay is not as much as NJ). Talk to a lawyer for more specifics on your case. Good luck!
Answered on Feb 23rd, 2014 at 12:32 PM