Tuesday, September 16, 2014

Taking ex back to court for a reduction in child support and I would like to gain another day in custody..can I bring this up?

Q: My ex was served with papers to go back to court for a reduction in child support. As of right now, she has physical custody. She has been violating many aspects of our written agreement such as not furnishing bills on time, not giving first right of refusal to the kids if she is not available and making unilateral decisions in regards to the kids. I have already made a complaint of harassment against her with the local police. I am wanting to gain another day of having my kids..can I bring this up at our court date or file it then. I don't want to keep going back and fourth to court. As of right now, I get them every other weekend, one day during the week and alternate mondays following the weekend she has them.

A: David's Answer: No - the Support Magistrate only deals with child support matters. You'll need to file a separate petition for modification of the visitation order. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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