Q: ...who convinced my younger daughter to go with him is now 15-1/2 years
old and starting to experience his true personality. Due to her age, he
doesn't want to piss her off too much, so when she insists on spending
time with myself and her older sister, now over 21, he usually lets her.
The result is that she's at my house almost as much as she's at his
house, yet I'm paying quite a bit in child support. But she's not
allowed to sleep over due to the manipulations of his 'well-connected'
attorney. We were supposed to work toward sleepovers, but when he left
threatening voicemails on the therapist's phone, that intimidated her
and we gave up. Anyway, my question is -- can all these daytime visits
help to justify a downward modification, or do only overnights count?
A: David's Answer: If you're going to argue that your
access time is so great that it should affect child support, both
waking & asleep hours count in this analysis. Thus, if you don't
have something close to 45% of the total hours, then it'd be extremely
rare for you to get a deviation on this basis. - David Bliven, Westchester Family 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.
No comments:
Post a Comment