Attorney Pascazi defeated a Motion to Dismiss a Modification of Child Support Petition in the Family Court Westchester County.
Attorney Pascazi asserted that the payment of support by the father should be suspended, because the mother was engaging in parental alienation, thereby, precluding the father from freely exercising his parenting time rights with his child.
A prior judge had previously denied by order, the father’s modification of custody petition; which order was upheld on appeal to the NYS Supreme Court Appellate Division in Brooklyn, NY.
Attorney Pascazi “put on his thinking cap”, and concluded that the father could use the child support law of New York State to seek the trial on the subject of parental alienation, which the father had been seeking but was denied for many years. Attorney Pascazi was correct, and the father, Attorney Pascazi’s client, will now have his “day in court” and will have the trial that he so desires, and deserves. Should the mother lose at trial, she would then be deemed a parental alienator, and would be required to reimburse the father for what would then be years’ worth of unlawfully collected child support.
Should you, a loved one or a friend find yourself/himself/herself involved in a child support dispute or the victim of parental alienation, seek competent legal advice as soon as possible.