Petition to stop support payments

[darthmom]

What is the name of your state (only U.S. law)? NY State

I have a 14 year old son who does not wish to visit his father any more. My son has been seeing his father every other weekend for the past twelve years. My sons father is an alcoholic (why we divorced) over the past few years my son has been telling me how his dad takes him to bars with him, drinks and drives and has become more and more verbally abusive to him. Several months ago my sons father verbally raged at my son to the point where he is fearful of his father. My son stated that he is finished with his father and does not wish to see him any further. My son was appointed a law guardian who has told my son that he does not have to see his father but if that is the case then his dad will petition to stop having to pay child support. At this point I don't care about the support, I need it, but am not going to put my child in jeapardy. Help please with any advice.

[waitinMd]

My son was appointed a law guardian who has told my son that he does not have to see his father but if that is the case then his dad will petition to stop having to pay child support.

your son is 14 and the law guardian told him his father may stop paying child support! Did you talk to the person??

I have NEVER heard of that before. I would wait for OhioGal to answer you.

[BL]

Originally Posted by darthmom

What is the name of your state (only U.S. law)? NY State

I have a 14 year old son who does not wish to visit his father any more. My son has been seeing his father every other weekend for the past twelve years. My sons father is an alcoholic (why we divorced) over the past few years my son has been telling me how his dad takes him to bars with him, drinks and drives and has become more and more verbally abusive to him. Several months ago my sons father verbally raged at my son to the point where he is fearful of his father. My son stated that he is finished with his father and does not wish to see him any further. My son was appointed a law guardian who has told my son that he does not have to see his father but if that is the case then his dad will petition to stop having to pay child support. At this point I don't care about the support, I need it, but am not going to put my child in jeapardy. Help please with any advice.

The Law Guardian does not dictate .

The Law Guardian was appointed to represent your son .

You and his father were litigants .

Now YOU state what the court currently has ordered about visitations word for word .

Then we can advise you further .

There are cases where Dad could petition for relief from child support .

[darthmom]

Let me give you a bit more info. I petitioned to have visitation changed to supervised visitation, which my ex husband refuses to agree to. The law guardian spoke to my ex husbands lawyer and my ex at court and they told him that if my son refuses to see him, he can petition to stop paying support and remove himself of all legal obligations. I do not know how this can be legal, but I was warned by an attorney that my ex could do this as well.

my son has been to counseling for several months and the counselor has stated that it is in my sons best interest to not see his father. This is not about anger for me, it is about my sons mental health. When a father drags his son to a bar, keeps him there for four hours and neglects to feed him dinner, then drives home after drinking for four hours, I have a right to be concerned. When a man bursts into his sisters home and screams at my son and threatens to hit him because he did not ride his bike home when there was a tornado warning ( even though his father refused to come and pick him up because he was sitting at a bar) scares my son to the point that he was having nightmares and is terrified of his father, then I have a right to be concerned. This behavior of my sons fathers has been going on for some time and my son does not want to be around an abusive drunk any more.

[Ohiogal]

You have an open custody modification case and the Attorney Guardian Ad Litem stated the 14 year old does not have to go to visits? Was that made a court order? And dad would not have to pay child support? I have heard of that possibility in RARE cases. But child support is not an admission fee to visitation.

Has the 14 year old been in counseling?

[BL]

Originally Posted by darthmom

Let me give you a bit more info. I petitioned to have support changed to supervised visitation, which my ex husband refuses to agree to. The law guardian spoke to my ex husbands lawyer and my ex at court and they told him that if my son refuses to see him, he can petition to stop paying support and remove himself of all legal obligations. I do not know how this can be legal, but I was warned by an attorney that my ex could do this as well.

Please get the facts straight .

Do you mean visitation changed?

What was the outcome and orders ?

DRL Sec.241 now provides relief from child support obligation during the time of denial of visitation rights .Although the matter would have to be heard by a Judge.The denials would have to be intentional.

There are many different cases , so it depends on what your answers are .

Further more ,if visitations are ordered and the parent denys visits , the NCP can file a contempt petition , or modification citing the contempts .

If the father wants the child to enter a vehicle while the father is intoxicated , the child should simply refuse and call the Law .

[TinkerBelleLuvr]

If I can gather what mom has said:

1. She has petitioned to courts to change the parenting time to supervised.

2. The Law Guardian has said that he/she will recommend that the child doesn't have to see dad. Mom may want to push for supervised - either with a relative who won't be run over by dad, or in a supervised setting.

3. Dad is threatening to file to have child support stopped if the visits are no longer ordered.

Mom - have the visits changed to supervised. In addition, have dad have to participate with child in counseling so that the relationship can possibly be repaired. Dad is probably not acknowledging to himself that alcohol is a major problem.

Child support does NOT equal an admission ticket to one's child.