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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 804
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I have 2 questions about visitation and child support. The

Customer Question

I have 2 questions about visitation and child support.The child is 9 years old.Non custodial parent (father) is in the military, a high ranking officer in the Army, stationed in Germany for the past 2 years.
Chose/volunteered for overseas duty for 90% of her life from birth through age 5, including offering to stay an extra 3 months, not meeting our daughter until
She was over a year old.
He then was stationed within a*****for about 2 years, but still had very little contact.
For the first 9 months overseas, he would make 1-2 minute phone calls once every 6-8 weeks.
He then had zero contact for 7 months, including no contact for birthdays or holidays.
After 7 months, he made a 90 second phone call, about midnight Germany time to the child, where he sounded extremely intoxicated (slurring, giggling, etc.) it has now been another 5 months since that 90 second phone call.
He does pay child support, mostly on time, within a week or so but does not abide by other payments as ordered by the parenting plan (ie: child needed $200+ in uncovered dental work. He is ordered to pay 82% of uncovered expenses. He paid $26 of the $200 stating that he did not believe the child needed the some of the dental work, and if I wanted it done, that I needed to pay for it.
About 4 years ago, I made the child an email address to singularly make contact with her father via SKYPE and he was given that information.
He contacted her on 2 occasions via this method right after being given the information, but never again.
He is due to return to the states next year.
The child will then be almost 10 years old.
She has expressed to myself, family members and school staff that she fears she will have to begin visitations with him again and it causes her much stress as the few visitations she did have with him were terrible experiences for her (made her eat a jelly sandwich down in the basement stairwell by herself while he made big dinners for himself and friends to enjoy upstairs in the dining room. She was made to sleep on a broken air mattress in an unfurnished room that went flat quickly after bed time, and when she would ask for it to be fixed, he would lock his bedroom door and tell her not to bother him until morning, leaving her to sleep on the floor. He would refuse to let her call me while on visitations. Would take her out of state on visitations. I would ask for them to call when they arrived at their destination, and would not hear from them for several days despite it being only a 6-7 hour drive. Etc.)Might she be able to be heard by a judge to not be forced to do visitations (or at least not overnight visitations)?I really need to continue with her child support, so I know I can not have his rights revoked (although he asked to have them revoked so he wouldn't have to pay child support anymore, after he found out that I was dating someone that he had not met and did not give his approval of, 2 years after our divorce was finalized. Meanwhile he was already remarried. He married the woman he was having an affair with (admitted to it in court) 30 days after the divorce was final.)
Also, he gave me a random PO box as an address and has not given me a phone number for the past 2 years.
He does not provide copies of his tax returns as ordered, likely because he is making about $2,000 more per month than when child suport was set.Would I be due back child support from when his income increased?What about extra child support as he has used zero of his 85 allotted days per year in the past 2 years and only a few 8-10 the year before that.Any help you might be able to give me would be very much appreciated.
Submitted: 3 months ago.
Category: Family Law
Expert:  originallawyer replied 3 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 3 months ago.

The best advice I can give you is to speak with an attorney and ask for a modification of the current order. You can also ask the Judge to speak with your daughter. It will be up to the Judge as to whether or not she is heard by the Judge.

You would not likely be due back support from when his income increased, but you should be able to get the support raised from when you notify the court that you want a modification.

It sounds like you need a completely new order that takes into account all the factors you laid out here, especially his return to the states. Your attorney can also help you have him held in contempt for not paying for the dental work as required.

Speaking with an attorney in your area is your best option as they will have the best insight into what your Judge in your case will do.

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