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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I have been paying child and medical support ten years child

Customer Question

I have been paying child and medical support for over ten years for a child I have never seen. Her mother was ordered several things at court that day and none of them were done. I now have no idea where this child is or if she is even with her mother who is receiving this money
What can I do about my situation
Submitted: 6 months ago.
Category: Family Law
Expert:  originallawyer replied 6 months ago.

You first step would be to file a Contempt Motion in the court that originally handled your order. You need to tell the court that made the order that she's not following the current order. If you know where the mother is, you have to try to serve her with notice that you're suing to have her held in contempt. If you don't know where she is, you have to make a reasonable effort to try and find her. If you still can't find her, then it's up to the Judge at that point as to how to proceed.

It's possible that the Judge may remove your obligation to pay support, but more than likely, that won't happen, unless the child is over 18, or is no longer living with the mother who's receiving support. Unfortunately, the duty to pay child support and right to see your child aren't dependant on eachother. Meaning you aren't paying child support SO THAT you can see your child. And technically, the mother of your child couldn't withhold your child from you if you weren't paying child support. In other words, your duty to pay child support exists even if the mother of your child isn't following the order, and your right to see your child exists even if you weren't paying child support. It's up to you to enforce your right to see your child.