Saturday, March 29, 2014

My ex-spouse makes excuses not to schedule visitation, which costs me about $10,000 a year in legal and unused travel expenses.

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 (

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