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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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My husband and his ex-wife divorced when his daughter was ...

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My husband and his ex-wife divorced when his daughter was 2. She is now almost 20. He was paying child support until his ex-wife decided she didn''t want him to see her anymore. They wrote up an agreement, he was not to see his daughter and she would not ask for child support. They both lived up to their agreement. Last summer, we got a call from his daughter. She said she wanted a relationship with him. We made arrangements to drive from Kansas to Arkansas (where she lives). She called him and set up a time for him to come see her. When he got there, she had him arrested for back child support. His daughter says we owe her $42,000. He was charged with a B felony. What are our options? Her mother refuses to hand over the agreement stating that she is not required to because she didn''t bring the charges against him. Help!
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Michelle replied 9 years ago.

DearCustomer/p>

That is terrible for you and your husband. However, if there was a court order for the child support his agreement not to see his daughter in exchange for no support is not valid. Such an agreement could not override the court order. Additionally, courts frown on one or the other withholding - meaning when a parent will withhold court order visits because child support not being paid or vice-versa.

I hope his attorney can work a settlement in this matter.

Best to all of you,

 

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