Alimony-related sanctions for interfering with visitation rights

Posted by Lauren S. CohenDec 11, 20140 Comments

For noncustodial parents, their visitation time with their kids is often among the things they hold most precious in their lives. Such time gives them the opportunity to continue to be a big part of their children's lives and to keep building strong relationships with their children.

Thus, it can be remarkably frustrating and horrifying for a noncustodial parent when their ex takes wrongful actions to prevent them from having the visitation time with their kids that they were granted under a court order. Such interference with visitation rights can leave a noncustodial parent feeling like a major part of their life is under attack and wondering what actions they can take.

When a person is subjected to a wrongful inference with court-ordered visitation rights, one option that they may have is to make a request to a court that enforcement actions be taken. There are a variety of enforcement actions that New York courts are allowed to take in response to wrongful visitation rights interference.

Alimony-related sanctions are one of the enforcement actions New York law authorizes courts to take against individuals who engage in wrongful visitation rights interference. Specifically, courts have the discretion to take the following alimony-related actions when a person who receives court-ordered alimony payments is found to have engaged in wrongfully withholding or wrongfully interfering with court-ordered visitation rights of their ex:

  • Cancelling back-due alimony that built up during the withholding/interference.
  • Suspending the alimony payments.

Such sanctions could provide strong financial encouragement for a parent who is wrongfully interfering with/withholding visitations rights to cease their wrongful actions.

Attorneys can provide parents who have had their visitation rights wrongfully interfered with/withheld with information regarding the types of enforcement actions courts may be able to take and can assist them with making enforcement requests to a court.