Fathers Have Equal Rights in New York Family Courts

Posted by We Design You NY on October 29th, 2022

A FATHER’S RIGHTS AFTER DIVORCE

Most couples believe that after getting a divorce all their problems will end. This concept is not necessarily true especially when the divorced couples have children in common.

Child Support
The non-custodial parents, which is usually the father, faces a challenge when he cannot afford to pay child support. I always tell my male clients that it is easier to increase child support than decrease it. However, it is possible to decrease court ordered child support payments if the non-custodial parent is laid off from their job, their salary decreases, or if they have another child from another marriage that they are supporting.

The mistake that most fathers make is that they ignore their child support orders and let themselves fall deep into arrears simply because they cannot afford to pay the child support amount. If the mother then files for a violation of child support, the father might go to jail if the court finds that he is willfully not paying his child support order. The mother will also receive a money judgment on the child support owed, at a nine percent interest rate.

I tell fathers that it is better to pay what they can afford until we go to court to decrease the court ordered child support amount. If your child support order is too high, it is important to contact a qualified attorney to discuss how to lower it. If you need a child support lawyer in Brooklyn, call The Louis Law Firm, PLLC today to discuss the steps necessary to lower your child amount and prevent falling further behind in payments.

Custody and Domestic Violence
As for custody, the law is gender neutral as to which parent should be awarded physical custody of the children. However, in reality most mothers are granted custody of the children and fathers are awarded visitation and parenting time. The problems arise after the divorce if the mother alienates the children from the father or seeks an of protection to prevent the father from seeing the children. The father then must put on a defense to disprove any alleged false allegations. Also, if the mother is deliberately alienating the children, the father has grounds to
modify the custody order.

If the custodial parent is alienating your children from you or makes false domestic violence allegations, call Akram Louis at (347) 689-7562 to have aggressive representation. To modify custody and visitation in Brooklyn, Staten Island, Queens, Manhattan, Bronx or Nassau County, call today to schedule a strategy session.

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