Child support termination due to Child emancipation

[JIMJO]

First thankyou for reading this email and answering my questions. Here is my situation, after 3 major court battles to enforce visitation, one of which I represented myself, my 16 year old daughter has broken off all contact with me. I went to the home with a police escort, and the stepfather answered stating that it was his understanding that my daughter wouldn't be coming for visitation anymore, I recieved an email from her stating that she was "not inclined" to come for visitation anymore, I recieved a voicemail from my daughter warning me not to attend her school functions as  I was not welcome and would be ignored, I recieved a letter from her mother telling me to stay away from  both of them, I call and they hang up. So I went to the police station to get a call through and afterwards her mother went to the station, complained and stated that my daughter is no longer accepting my phone calls. I have sent emails which I can prove she recieves and reads but doesn't answer and it is a court order that all visitation will be arranged by email, and I have sent my daughter pictures of her brother via certified signature confirmation mail and they were documented refused at the door. She will not give me her cell phone number and if I want to get a letter or message to her I have resorted to internet blogs and third party messaging through relatives and people at school. Still, despite my best efforts to keep her in counseling and preserve the relationship, I know now that it is my child's choice and that at 16 she is making the decision to not see me. So my ex has "won." My ex does not work, and has a wealthy husband and wealthy parents. She is using my extreme amount of child support for spa days and massages. How do I know?, my daughter told me six months ago the last time I saw her. I should also mention that I am not an abuser in any way. I was warned that If I divorced my ex she would do everything in her power to keep my daughter from me. So I have contacted the lawyer that I used for visitation enforcement and discussed the possibility of child support termination, we both agreed it was worth a try. The relationship with my daughter is already destroyed. I don't feel that my ex should be rewarded for this and believe me by no means does this mean that my daughter will starve. So, since my lawyer is not available until May I am organizing my evidence and preparing to file a motion to end child support due to my child emancipating herself from me with the help of her mother.I am in NYS.

1) When I  file this motion, can I also ask that I be relieved of paying a third of her college tuition, which was in the original divorce decree?

2) Can I ask that my arrearage be cancelled due to the mother's interference with visitation? I am NOT a deadbeat Dad but did accrue arrears during our last court battle when she took me back for an increase in child support.

3) I am wondering if the matter of record that I recieved at the police station when I used the clerk to put a call through to my daughter is worth submitting. I realize that typically matter of records, like for missed visitation, are basically my word, but in this case the clerk was active in helping me attain access to my daughter. Is it?

4) Should I submit the tape recording of my daughter as it was a "public message?"

5) I mentioned before that my daughters step father stated that she wouldn't be coming on visitation anymore, Can I sate this as third party interference or emmancipation with the asistance of her mother and a third party, her step father?

6) I mentioned that letters were refused at the door and documented as such . How can this be argued against interference with visitation?

7) what other things can be used as evidence of  visitation impediment or
emancipation?

Thank you in advance for your patience and assistance, JIMJO

[JIMJO]

I forgot to add a few more question. I know that she will seek my payment of her lawyer fees.

8) Should I request  that my ex pay my lawyer fees due to her assisting my daughter with emancipation and therefore defying the court, or is this more for a contempt ruling?


9) Besides prayer and not going to court at all, Do you have any suggestions on how I avoid paying her lawyer fees?


10) Can I tie this in with a contempt charge or should I just stick to the child support motion?

11) What do you think my chances are based on the evidence listed above?
Please be gentle. :)

Thanks JIMJO

[socrateaser]

With particular attention to paragraphs 2.(a) and 4.