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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116828
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My wife opted out of CSSA child support to receive no support

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My wife opted out of CSSA child support to receive no support from her ex-husband. She is the custodial parent of two children. She gave up $1750/mo to get away from an abusive husband and receives no support whatsoever because he controlled all the money in the divorce and she couldn't afford to fight him (She fought for 3 years and racked up $50,000 in debt in the process). She wants to know if she can go after him for support because the kids are suffering.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is no statute of limitations in NY for a parent to seek child support. Thus, she will need to get a local attorney to review the facts of her case making sure of her facts, but in general a waiver of child support would not be enforceable in NY if the needs of the children are not being met. Thus, she need to consider going to court to get a court order of support.

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Customer: replied 3 years ago.

Thank you for responding, but this doesn't help us. How could we "prove" that our children's needs are not being met. She opted out of CSSA under duress (Ex threatening to drag on the proceedings to bankrupt her and possibly take children away). Once she agreed that he wouldn't have to pay for the children's support he signed that very day after 3 long years of battling (And he was very nasty, tried getting her in trouble with Child Protection Services, tried to get me in trouble by claiming I had molested their daughter, etc. All was found to be unfounded). This guy, the very next day went and bought himself a new truck, refinanced his house and is living the life of Riley while we struggle to make ends meet, and we are sinking deeper and deeper into debt trying to give the children a decent life and feed them and shelter them. What examples do we need to "prove" to the court that this was all a sham and that his high-priced attorneys got him a "get out of paying free" card by bankrupting her in the process?

Thank you for your response.

It certainly does help you (although you may not want to hear that you need an attorney and have to go to court again to get the help), since you said above she is amassing debt to try to care for the children. The courts do not really require much evidence of the circumstances showing she is having difficulties paying for the care of the children. Also, NY says that the first consideration in these matters is the best interests of the children which are not being met if she has to go into debt because he coerced her to waive support.
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