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Category: Family Law
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Experience:  Attorney & Certified Mediator
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my ex has been ordered not to pay child support anymore ...

Customer Question

my ex has been ordered not to pay child support anymore because he has sole custody of another child. He has not seen my child in 2 years and now wants to see her-I have a court order stating that he can. How can I solve this problem? she doesn''t want anyting to do with him
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
How long ago has it been since the child support was last modified?

How old isyour child and what state issued the custody orders?


Customer: replied 8 years ago.
Reply to LawNinvest's Post: about 7 years ago for child support modification. my daughter is 9 and we live in Indiana
Expert:  Attorney & Mediator replied 8 years ago.
Thank youCustomerfor your response.

1) Unfortunately, there is very little you can do to stop the father from exercising his visitation rights. It would have been easier to request the court to stop his visitation rights during the two years that he failed to come see her. Since he is now attempting to reinstate a relationship with her the court will not likely deny him his visitation rights. What you will need to do is request his visits to be reduced so that the child can have an adjustment period in getting to know her father. Unfortunately a nine year old does not have a voice to state that she wants nothing to do with her father only the judge can decide that.

2) As to child support, the law requires that he be responsible for child support, if he was unable to pay seven years ago, that does not mean that you cannot ask the judge to reconsider the issue of child support. At least every three years you can request a modification review hearing to see if he can pay. Surely in the last seven years, his income must have increased, so at most he should be paying the minimial amount of support.

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