Q: I have an extremely irrational & contentious out of state Ex. They view our children as an arsenal to retaliate for our divorce; after I left our miserable, and increasingly frightening marriage. Assuming a huge child support check would come with custody, they pursued custody, and played fast and loose with the facts, & put the children's best interests, emotionally & otherwise, last. I was ordered to pay 2x the child support my income indicated; but they want me to "voluntarily" pay 5x. My refusal was met with fraudulent expenses being submitted, and refusal to organize visitation in a timely manner. My ex-spouse makes $200,000 a year. On average I make $20,000-$30,000 and almost everything I make goes to the kids either in child support, medical, visitation and attorneys. New ideas?
A: David's Answer: Preliminarily, is your case pending in NY or another state? If in another state, you'd be best to re-post your query in that state's forum. Assuming NY, I'd suggest to file a counter-motion to request counsel fees based on a disparity of income. Family Court has the same ability as Supreme to award counsel fees to the less-monied spouse (or ex-spouse). Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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