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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114801
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Is there anyway for the father to get out of paying child support

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Is there anyway for the father to get out of paying child support to the mother when she has gotten in trouble?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

What do you mean "she has gotten in trouble?" Can you please explain further?
Customer: replied 3 years ago.

Alright. Well here recently she has gotten in to some trouble with the law involving drugs. Such as POSSESSION OF MARIJUANA, and MANUF/ETC CONTROLLED SUBSTANCE. And then it has came to my knowledge that she has been locked up once again for failing a drug test as of yesterday. (could be hear say, not real sure just at the moment)

Thank you for your response.

One more clarification, who got into the trouble, the mother or the child?
Customer: replied 3 years ago.

The mother did, our child we have together is only 18 months old.

Thank you for your response.

First, you do have a case here, but the case is not really to terminate support per se. The case is you have grounds to file a motion to change/modify custody based on her substance abuse issue and obtain primary custody over the child. Second, once you get custody changed, since substance abuse is grounds for the court to change custody, then this would eliminate your child support and would mean she would have to pay you support.

However, as long as she retains custody of the child, the fact that she has been in trouble or gotten arrested has nothing to do with the fact you owe child support as long as she is the custodial parent. Thus, you need to file to get custody changed first to get support changed or terminated.

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