Strained Custody and Child Support Situation -- Guidance or Input Needed!

Updated on May 29, 2010
K.B. asks from Petaluma, CA
7 answers

My sister went through an icky divorce, is now remarried and expecting a new baby in a few weeks. Her new husband lost his job, and they are putting money and effort into selling their 2 BR townhouse to move into better space, with better schools for the 9-year-old, assuming that he finds work before his severance package ends (scary prospect!). Her relationship with her ex has always been difficult, and with the exception of owing them $4000 and not taking care of his daughter's health insurance like he agreed to, it seemed like relations were getting smoother. He's now engaged to be married this summer and seemed happier. Although they now live in different states (their original divorce locale was Colorado, but she now lives in Chicago and he in Buffalo NY), they made a great plan to share Easter together, and have plans for the daughter to fly to see her dad for several weeks this summer. Now all of a sudden he's making a stink about renegotiating the financials, and told my sister she needs to get a lawyer, which she can't afford. I actually don't think it would be in his best interest to renegotiate, but she's terrified of the ramifications. She's also rather livid, because even though she agrees that her daughter deserves and needs to see her dad, does he deserve to see HER when he owes so much money and help with health insurance? How can he possibly even ask for terms to change when he owes so much? Can she find information and guidance without hiring a lawyer? Does jurisdiction affect how this plays out, should she move it to Chicago?
Any input you may have on this situation would help, thanks.

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L.K.

answers from Odessa on

Have your sister contact Legal Aid to see if she qualifies. Please keep in mind that in most states Child Support and Visitation are two different things. Which means that even if he has not paid support his visitation remains intact.
Chances are if he files in CO the court will tell him to move it to IL since this is where the child resides the majority of the time.
A good majority of lawyers will provide a consultation for free. She can always call an attorney just to go in and talk to them.

1 mom found this helpful
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T.F.

answers from Philadelphia on

Well WOW!! He sounds like another wonderful "DAD"!!! So here is my advice! She doesn't necessarily need a lawyer. She can change the venue of her support to her new state and do it ASAP, so that she can file for a contempt hearing since he was order to pay and cover daughter with insurance!! They do have support enforecement for these issues!! Do they have a custody agreement already in place (signed by a judge)!! If they do then she has to file for a modification of the custody order if it was issued in another state and it is no longer realistic for that order to be upheld by anyone since they live in different states now. If they do not, then your sister DOES NOT have to allow the daughter to go with the father ECSPECIALLY out of state. You do not know what the laws are there and since there is no custody order (if there is not) he is allowed to keep his daughter and not return her to her mother (that is his right)!! Custody and support are 2 seperate issues, do not ever say well he isnt paying so i didnt allow him to see her, the judges will be pissed!! If there is a custody order in place but it was signed for when they lived in co, then you tell her to tell the father that he is to pay for her plane ticket or she doesnt go. He is just trying to see if she will pay for it and I would not since he hasnt paid a dime in support. Good luck

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S.B.

answers from Redding on

I have been through this and I think your sister needs to get help from Legal Aide or through the Family Courts. They do have self help programs with someone there to help with filing of things.
Unfortunately, paying support or not, has no bearing on actual visitation.
If it's in the orders that father must pay half the expenses for visitation and he doesn't, she may be able to get help from the court to enforce the previous orders or get them changed since she should not be the only one footing the bill for visitation arrangements in different states. Someone should be able to get it through to father that his responsibilites are still his responsibilities and if he's to assist with air fare, or whatever, to see his child, that's what he needs to find a way to do. In that sense, it's not a matter of withholding the child, which the courts frown on profusely, but a matter of him not holding up his end financially to the extent that it's feasible for the child to have the visitation.
You cannot say he can't see his daughter because he doesn't pay support. No court will go for that. But, if it's in the orders that he has to contribute to the travel arrangements financially and he's not, that is what looks bad on his end.
She needs to get help from someone to help her word things in the right way.
Also, any information she has on him regarding his work or wages should be reported to the child support agency handling the case. In many states, like California, they will suspend a father's driver's license if he gets so far behind.
She just needs to talk to someone to try to get this resolved for the best interest of the child.

Best wishes.

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D.S.

answers from Tulsa on

if she is long term in chicago yes. have her file for state insurance on the kid and let the state deal with him. if the money he owes her is child support have her sign enforcement papers on him. if he wants the kids have him pay for the trip to ny and her pay the return trip. I bet he backs out on it. :) that way she is not denying custody daddy is refusing to pay for his half of the visitation arrangement. have her get her custody papers saying he is to pay half of the visitation travel. :)

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S.B.

answers from Minneapolis on

She definitely needs to seek legal advice. When I moved, I did venue my support agreement in the state I lived in, which mostly meant that I did not have to travel in the event of a disagreement - I could go to court in the state that I lived in. He did not fight the re-venuing, but I suppose if he had that would have caused an issue, but since neither of them live in the original state anymore, I don't think he would have a leg to stand on. I did do the re-venuing without the help of an attorney and it was pretty easy (she can check out the court's website in Chicago and there should be information there). Also, in many states, the child support is run through the county, which means she will get "some" help with collection when she re-venues if that is how it works in Chicago.

If I were her, and REALLY couldn't afford an attorney, here is what I would do:

Change the venue of the support order.

File the paperwork for a Motion to Modify Child Support

If he still isn't paying for insurance/support after those two things are done, she could file a order to show cause/request a contempt hearing.

I would tell her not to worry so much - he is likely bluffing and is getting pressure from his soon to be new wife. Even if he is planning on going forward, the fact that he IS behind is going to play out very badly for him :)

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N.C.

answers from Washington DC on

I agree with Laura K in saying she can contact a Legal Aid group or a women's resource center. Sounds like the ex is bullying your sister, and it would be a good idea for her to know her legal rights.

I.M.

answers from New York on

K.,
I don't have any personal experiences on this, but I do believe that the visitation and child support are two separate issues. Regardless of how much he owes he still have the right to see his child if he so wants to. Tell your sister to google some lawyers in her area, some do free consultations and can give her an idea of what she should or shouldn't do. Why are they not taking the money from his paychecks? unless he is like someone I know that works "under the table" so he doesn't have to pay child support!!! But in his case, they pick him up every so often and the bail money he has to pay to get out they give to the ex-wife :)
But tell her not to dismay or get mad! just go to a lawyer (or lawyers if she wants more than one opinion) that offers free consultation and see what her options are.
Blessings

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