Q: My son has been estranged from his father for many years. His father has always paid monthly child support, but without a court order. Father is now saying he will no longer pay because the child refuses to see him. I would think he would have to show parental alienation; otherwise any lousy/abusive parent could shirk financial responsibility because of child’s antipathy towards him/her.
A: The short answer is: in theory he could claim constructive abandonment. That said, it’s a very hard claim to prove – he’d essentially need to prove that the child’s refusal is completely unjustifiable. Schedule a consult with a Westchester family Law Attorney for a full assessment.