New York Family Law Blog
Two years after a couple got married, their first child was born. After about four years of being married, the couple got divorced. Custody was given to the wife, and the court gave the father reasonable visitation rights. The wife got married again shortly after the divorce. She moved to Phoenix, Arizona after and did not notify the father, according to a New York Family Lawyer.
The father contacted missing children agencies in an effort to find the mother and the children, as he did not know where they went. The wife never tried to contact husband to get child support, even though she knew where was. After five years, she contacted father and told him where the children were. He resumed the child-support payments and visitation immediately. Two years after resuming contact, the wife filed a claim for child support in arrears.
In her claim, she reasoned that even if there was interference with the visitation, it is still the obligation of the non-custodial parent to pay child support. Child support and visitation are independent of each other. According to a Staten Island Visitation Lawyer, the Trial Court found the mother guilty of laches, which means she negligent in her making the claim. The court said she is not entitled to the child support in arrears. The mother appealed against this saying, she, being guilty of laches is not an appropriate reason not to grant her petition.