QUESTION
Should I attempt to have a modification of child custody done while I am behind in child support?
Asked on Jul 08th, 2012 on Child Custody - Oklahoma
More details to this question:
I will be requesting the modification because my ex does not let me see the kids nor provide me any information about them that he is required to because we have joint legal custody. He has also moved 5 or more times without notifying me and I feel he is not providing enough stability for our kids.
20 ANSWERS
Leonard A. Kaanta
Child visitation and child support are separate issues.
Answered on Aug 08th, 2012 at 12:25 AM
Dennis P. Mikko
You could proceed even though you are behind in child support. However, if he is violating an existing order, you may want to seek enforcement of the current order first.
Answered on Aug 07th, 2012 at 1:34 PM
Admiralty & Maritime Attorney serving Miramar, FL
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Baldwin & Friedman, P.A.
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The child support issue has nothing to do with the child custody issue. The Court has jurisdiction to modify a prior order if there has been a substantial change of circumstances that is permanent and not voluntary. You may have grounds to modify the child support also, but you should be aware that child support can only be modified from the date of filing a petition to modify it. You should seek the advice of counsel as to both possible modifications in your case.
Answered on Aug 07th, 2012 at 12:54 PM
Child Custody Attorney serving Roseville, MI
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Law Offices of Maryanne Spryszak-Hanna, PC
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Yes. If he is not willing to let you have your prescribed overnights, and you want more and are able to take care of them more, why not? the material change in circustances is him not following an order of the court and your now being a in a position to take the children more. It's worth a shot.
Answered on Aug 07th, 2012 at 12:32 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Good example of why people need to go see lawyers. You do not need to modify custody, just enforce the current order. And it is possible the court will order your ex to pay the legal fees. Go to a family law practitioner and take this letter with you. Good luck!
Answered on Aug 07th, 2012 at 11:49 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Being behind on child support is one factor the court is to consider when modifying parenting time or custody.
Answered on Aug 07th, 2012 at 11:40 AM
It does look suspicious, but look at the kids' interest and make your decision based on that.
Answered on Aug 07th, 2012 at 12:59 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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That is not a reason for modification.
Answered on Aug 06th, 2012 at 9:43 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You should file to modify support and change custody because your ex is not allowing you visitation.
Answered on Aug 06th, 2012 at 9:30 PM
1 Award
You could, but your request for custody would not be a defense for failure to pay child support. You could also file an action to suspend child support due to her intentionally secreting the child from you precluding you from exercising visitaiton. The statute which authorizes such is LSA R.S. 9:315.23.
Answered on Aug 03rd, 2012 at 11:31 PM
Suzanne H. Lombardi
In order for there to be a modification of custody in Alaska there must be a substantial change in circumstances. If your ex is not letting you see the children and you have a custody order then that may qualify for a substantial change in circumstances. Legal custody is different from physical custody. An attorney can help you review your original custody order and see if there is enough evidence to prove that there has been a substantial change in circumstance.
Answered on Aug 03rd, 2012 at 2:57 PM
Most courts won't grant a modification of child support based on these facts, especially if you're behind in your payments. At most you may be able to have him held in contempt of court as he should have to notify you of his current address and if you have court ordered visitation rights, then you are entitled to those visitation rights regardless of the child support situation you're in right now.
Answered on Aug 03rd, 2012 at 2:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are working With a handicap if you was in arrears but it is possible.
Answered on Aug 03rd, 2012 at 2:39 PM
Barbara A. Fontaine
I would suggest that you file a contempt motion if there is a court order about visitation that he is not following. Then you also file a motion about letting you know his address and for change in child support. Best wishes to you. ( Don't just file the money motion.)
Answered on Aug 03rd, 2012 at 2:06 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Support issues are unrelated to custody and visitation, so there is no reason not to seek a modification if you believe one is warranted.
Answered on Aug 03rd, 2012 at 1:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Child support and access time are separate and distinct issues for the court. That doesn't mean your ex isn't influenced by your failure to pay child support and his behavior may reflect a predictable, but unjustified attempt to retaliate. For that reason, there is no legal reason to delay seeking a modification if you believe the facts will support the modification; But, you can expect to be accused and that he will attempt to use your nonpayment as an excuse.
Answered on Aug 03rd, 2012 at 11:20 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The bases for modifying the parenting plan are different than for child support. If there has been a change of circumstances regarding incomes seek a change in your support whether you are behind or not.
Answered on Aug 03rd, 2012 at 11:11 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Having a substantial child support arrearage and proving that you are the best parent to have more timesharing do not mix. You should file a motion for contempt against him for refusing visitation, etc.
Answered on Aug 03rd, 2012 at 10:54 AM
You will have much greater credibility if you are current in your child support. The Court will have to weigh the reasons for the arrearage against the nature of your ex-husband?s conduct and determine what is in the best interests of the children. Your ex-husband may bring a contempt action against you for failure to pay the child support. I cannot tell from your question whether you are represented by counsel. If you are not, it is very important that you employ a competent and experienced lawyer to help you.
Answered on Aug 02nd, 2012 at 10:08 AM
You need to get the child support under control not necessarily before you try to change custody but it does hurt you for a change of custody. You may also be cited for contempt of court for not paying child support.
Answered on Aug 01st, 2012 at 8:55 PM