Divorce
High Net Worth Divorce
Protection For Your Children
Domestic Abuse

In new York State, can the noncustodial parent contest child support for 19 year old son because the child refuses to see him?

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.

FindLaw Network
David Bliven Badge