Q: I have a divorce decree entered by the court approving a settlement agreement . In the settlement amt , it states that I agreed to a below the minimum child support amount due to the liberal visitation agreed upon with my son's father . 3 years later , he has never exercised his right to see his son two week nights a week and further , currently he only sees him for one overnight twice a month . . . not even for the 2 night weekends as originally agreed upon too . I would like to move the court for an upward modification of child support to the minimum allowable in NY . If this isn't a strong case , I would like to seek to be allowed to claim my son my my taxes each year instead of every other year as it stands now . Are these strong grounds for an upward mod ?
A: David's Answer: How many years ago was the agreement done? For long has he only exercised 1 weekend per month? Does the agreement have a default notification provision - and if so, did you provide him with written notice of his default? Answers to these & other questions will help determine your chances. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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