Q: I have shared custody with my ex, I am the custodial parent and the children live with me seeing their father every other weekend and one weeknight. Since he left 5 years ago he has been trying to get out of paying child support. I was able to get some back support paid and enforce current support. He has not asked to see the children any more and has always lived 20+ miles away.
He is now asking to have the kids 2-3 more nights a week which would make them commute 45 min to school and have to wake up before 6am. I believe he is trying to get out of support again and try to get it lowered. I’m not even getting the minimum support because after a short time of spousal support ended the court did not recalculate my support so I get around 16% for 2 kids. The children are 12 and over and not agreeable to the change. Was my divorce and custody agreement only temporary? Do I have any rights and would a judge force my kids to commute from a town in another county? I am in my right to have the child support modified at this time, it has been 3 years since final divorce and it was not recalculated after spousal support ended. Thank you.
A: If the father has the children on that schedule, then you don’t have “shared custody” (at least not as the law defines it). That said, if he went a period of time without seeing the kids at all – and now is wanting mid-week visits which would disrupt their schooling, I’d say a safe answer is “no.” That said, you should schedule a consult with a Westchester Child Custody attorney for a full assessment.