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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2332
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I have a question about reducing child support and custody.

Customer Question

I have a question about reducing child support and custody.
Submitted: 12 days ago.
Category: Family Law
Expert:  LegalGems replied 12 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 12 days ago.

What is your question please?

Customer: replied 12 days ago.
Due to having to give some background information and this system only allowing me to enter in a certain number of characters, I have attached the PDF file with the background info along with the questions I have.
Expert:  LegalGems replied 12 days ago.

I'm sorry; I am unable to view that attachment; I will opt out so another contributor can assist. Please do not respond to this as that will delay another person from accessing your question. Thank you.

Expert:  Steven K. replied 12 days ago.

Question: I need to reduce back child support. How do I have back child support recalculated and reduced? Can I file it in Idaho or does it have to go to Oregon or Arizona? If a case to reduce back child
support in this situation typically has to be filed in Oregon or Arizona, is there a way to still file the case from Idaho due to financial duress and force it to remain in Idaho. If a case were to be filed in Oregon or
Arizona then there is absolutely no way I could even travel to either of those locations to represent myself let alone hire an attorney. If the courts force someone in my situation to go to Arizona or Oregon
in order to correct the calculation in the back support then isn’t that unconstitutional because a person in my situation could possibly NEVER get the matter resolved. That in itself creates a layer of second
class citizens because they are stuck in financial duress due and do not have the inability to resolve the matters without having tons of money. This is due because to the fact that you have to have money in
order to get legal situations resolved, if you have a “decent” lawyer. Even if you understand how to represent yourself, feel confident enough to go to court and don’t have anxiety about it like I do, but
don’t have the funds available to travel to the specific court and spend days there doing research, depositions, trying the case, etc, then you are screwed. You might as well not even start the case society is weighted to the people whom have money.

Answer: First of all, in what state is the current child support order?And what basis do you seek to reduce it? Also, was the mother on tanf/welfare at any time?

Question: I know I can bring in medical records such as the records from the psychologist and psychiatrist. How do I prove in court that I cannot function? I imagine that a professional counsellor can
do some counselling sessions to determine that but that would most likely cost thousands of dollarswhich I do not have.

Answer: before answering, I want to know for what purpose do you want to prove that. Are you suggesting that you can get past support waived due to mental disability? Or are you trying to reduce current support based on your inability to work?

Question: If I file for custody in the future when I can get my feet on the ground so to speak, do I have to file in Oregon, Arizona, or can I file in Idaho? Can the case be forced in to reside in Idaho?

Answer: you would either file where the prior court custody order was entered, or where the child has lived for the past six months.

Question: Why are some fathers allowed their paternal rights under the Federal Constitution whereas other fathers are not even though they have done nothing wrong?

Answer: While the federal law provides general parenting rights, all matters related custody and support are hear in state Corsa. I cannot tell you why your lawyers thought your rights were limited. It may have been based on the judges that were place in your local courts. Usually, unless the husband claims paternity, the birth father has no problem getting parental rights. That doesn't necessarily mean 50/50 custody, but it's usually provides substantial visitation at the least. Did you ask for visitation at least?

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