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Can a custodial parent just live off of my child support? Can I enforce wife to pick up kids as the divorce decree states?

| Dec 19, 2017 | Uncategorized

Q: I make over $150k a year. I was divorced in georgia and I pay $2121 per month of child support. I now live in New York and so does the custodial parent and the 2 kids. I have two children. we have joint custody but she has primary custody. Am I paying too much in child support, she doesn’t work and is not looking for a job. She lives in the Bronx while I live up in Albany, Ny area?  Next question is on divorce decree I get kids every other weekend and I have to pick them up on Fridays at 6pm (3 hour drive to pick them up in bronx and 3 hour drive back to albany, ny to drive them to my home). On the decree it states clearly that mother is to pick them up on Sunday. Can I enforce that the mother picks them up and make the 3 hour drive to get them in albany and 3 hour drive back to the bronx. I have been driving a total of 12 hours each weekend to pick them up and return them. When i don’t pick them up on the weekend she makes me feel like a bad parent. I work full time and can’t always make the 12 hour journey every other weekend.

A: First, if strict guidelines applied to your case (https://www.childsupport.ny.gov/dcse/pdfs/CSSA.pdf), then what you’re paying seems close to the appropriate amount. That said, there are many exceptions to the general rule, and it may behoove you to have a consultation with an attorney. Second, you may either enforce the decree regarding pick-up/drop-off, or file to request a credit off child support for “extraordinary visitation expenses.” Call a Bronx Child Support attorney to schedule a consult for a full assessment. 

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