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

  • By: David Bliven

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.

David Bliven, Esq.

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