criminal lawyers buffalo ny, in New York, know that generally child support payments must continue even if parenting time is denied.
However, like so many other issues buffalo lawyers encounter, not all courts follow the same rule. In one recent case, decided by the New York court appellate division, the court ruled the father could withhold child support payments where the mother denied visitation to the father “many times” and stated she would “never allow the father to see the child” while doing “whatever it takes to keep the child away” from him. Many lawyers in buffalo ny were very surprised to learn of this fascinating development.
In another Second Department New York case, known by many attorneys in buffalo ny, Matter of Sulivan v. Plotnic (2nd Dept. 2016), the court upheld the trial court’s decision to suspend the father’s obligation to make future child support payments where the mother frustrated court-ordered therapeutic visitation and referred negatively to the father in the presence of the children. The court emphasized, a point made by one of the lawyers in buffalo ny, that the mother’s failure to make an effort to assist the children in fostering a more positive relationship with the father.
The outcome of a specific criminal case or general legal issue is highly dependent on the court that decides your case and the unique facts and circumstances involved. Specifically, if you live in the jurisdiction of the Fourth Department (Buffalo, Rochester, Geneva, Canandaigua), courts may not follow the reasoning in the Second Department. In fact, the general rule, widely accepted by the overwhelming number of buffalo lawyers who are in practice, notwithstanding these recent Second Department decisions, is that even where a parent is denied visitation, that parent must continue making his or her court ordered child support payments.
If the facts of your case are similar to the facts above, it is critical that your buffalo attorney is familiar with the current status of the law as it may fluctuate.
It is not easy to understand the Criminal law in New York. Sometimes it’s best to ask a Buffalo Criminal Attorney for guidance. If you are looking for free legal advice buffalo ny from a criminal defense attorney buffalo ny, and facing criminal charges or in the middle of a criminal case, contact a criminal lawyers buffalo ny, criminal lawyer buffalo ny, or criminal attorney buffalo ny