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The situation: I have 2 kids with my ex who just had her 4th (another in between as well). We finally just had our last court date because she tried to say I violated support which the judge dropped but the primary concern was not addressed. I am ordered to pay $200 a week ($313 but the magistrate made an exception). Last June I filed to memorialize the custody we have been following for 4 years (kids with me Monday through every other Friday, she gets the overnights 2 days out of 14). When I filed she countered to get them Monday through Friday with her. Since our court date 2 weeks ago when the judge decided to just leave a split and open arrangement, she has yet to even ask for an overnight, just takes them to school for me 4 times a week and picks them up 2 or 3 days a week and bring them to sports practice of I'm still at work. I do t understand how in New York , with this being the case, how's she's able to get support and even worse how the court cannot see I'm primary?
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Stephanie E. Emanuel, Esq.
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If you are primary, you should be receiving child support not paying. You need to discuss this matter with your attorney. Your attorney will be able to modify and terminate your child support and put the other parent on support. After that is done, you can progress to seeking and maintaining a custody/visitation to your liking. If you do not have an attorney, hiring one may be a good option. Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.
Answered on Apr 20th, 2018 at 1:19 PM