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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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Father has had physical custody of 2 sons since divorce. mother

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Father has had physical custody of 2 sons since divorce. mother given 1 visit per month and alternate holidays. She was ordered to pay $200 per month. She refused and her wages were garnished for one month and then she would disappear. Her drivers license was taken from her. Visits were erratic. She signed Termination of Parental rights papers in 2006 so she wouldn't have to pay child support. She recently has breached the Termination order. Is she then liable for back child support
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.
Dear JACUSTOMER - Visitation and support are separate issues so if she violated the visitation or custody that would not have anything to do with child support. A motion to reinstate support would have to be filed if the father wants to allow the mother to reestablish her parental rights. The fact that she violated the custody or visitation should be met with a motion for contempt of court to keep her out of the child's life. Since there has been no child support order since the rights were terminated then there would be no back child support to pay.
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