Eastchester, NY asked in Child Custody, Child Support and Divorce for New York

Q: Can my estranged wife petition the court for additional child support?

My estranged wife is taking unnecessary trips, buying dinner, going to the movies with her and her boyfriend using the child support money. I know this because she has told me on many occasions that she does this. I provide Pampers wipes clothes etc for my two-year-old daughter. Currently I am on temporary child support for $550 for my daughter until we return to court.. prior to the court order I was giving her $500 plus paying $500 rent at her parents house. Last week she told me that her stepfather was going to put her in my daughter out and that I must let her stay with me I told her my daughter is welcome but she is not she said that I am responsible for her rent or if not then wherever she goes I'm responsible. She also told me that she was struggling but if she's struggling then how can she afford to go on a trip of state? My question is do I have to provide her with more money before we go back to court if she calls to tell me that she doesn't have any left?

1 Lawyer Answer
David P. Badanes
David P. Badanes
  • Divorce Lawyer
  • Northport, NY
  • Licensed in New York

A: Assuming that the only court order is the one that states you have to pay temporary child support of $550/month, that is your only obligation. If she spent all of the $550/month, that is her issue. You should discuss this in more detail with your attorney.

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