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Can custodial interference terminate alimony rights?

During the course of a New York divorce, the parties to the proceedings generally must settle a host of very important matters. They have to divide the property that they accrued during their time as a married couple and they must determine how they will split their time with their kids. With the help or direction of the court, they may also handle financial matters, such as the establishment of child support and alimony.

Generally, these important matters are all distinct but there are instances in the state's laws that demonstrate how interference with one issue may impact rights in another. For example, if a parent who receives alimony or spousal support from a former spouse interferes with the paying parent's rights to see his or her children, the alimony-receiving spouse may lose his or her right to collect those payments.

A court with jurisdiction over the matter can end the receiving parent's ability to collect past alimony payments, as well as if the paying parent's obligation has fallen into arrears. As stated, a court must order the termination of alimony payments under this law. Individuals should speak with their family law counsel about their rights to suspend alimony payments under this law, if they believe that their custodial rights are being interfered with.

A parent's rights to alimony and child custody may generally be seen as distinct but the state has made provisions through which the failure of a parent to facilitate one may impact his or her ability to receive the other. Though this blog post is intended to provide basic information on the posed topic, it is not intended to provide legal advice. Whether this provision of New York law will apply to an individual's case will depend on the facts relevant to his or her legal matter.

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