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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117374
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Child Support Questions

Customer Question

Child Support Questions
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your question for us?

Customer: replied 1 year ago.
Sorry for the delay, are you still there?
Expert:  Law Educator, Esq. replied 1 year ago.
I am still around, yes. What is your question?
Customer: replied 1 year ago.
I have a daughter that is 6 years old. I did live with her and her mother until July of last year when we separated.Her mother took the car so I rented a room close enough to my job so I could walk there. I am not able to have kids where I live so for like the first month she was bringing our daughter to see me and we would stay at Disney or go there for the day. Also, I was able to give her child support as well. Come September she decided she did not want to take my daughter to see me and I had to come get her. My gf was willing to go with me to pick her up, but then that was not allowed either. She was letting me Skype with my daughter till October. After that, she decided that I needed to pay her child support from August till October before I could see my daughter and I had to have my own car.Here we are today and I now have to have a court order and pay her back child support and have a payment plan before I can see her. Here is the interesting part though. I have asked her atleast 3-4 times (I have proof) of where to send it or she can come get it and she wouldn't allow me to. All she has told me is that her daughter forgot about me and her bf is her new dad and she is happy along with other vulgar things in text. I have not been vulgar or anything with her though.She is basically not allowing me to pay to have a reason to spitefully keep my daughter from me. She even told me that if I had a court order she does not plan on keeping her from me (guess she knows she can't if I do.) and I could file a petition I don't need a lawyer.1.)What are my options?2.)Does it look bad on her?3.)Do I have to pay back child support for the last 6 months?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

You will have to pay support for the entire time you have not been living with her and the mother I am afraid. The state laws mandate that. You can avoid being liable for any penalty or interest, since she refuses to tell you where to send it, which you need to document.

Custody visitation and support are generally two different things. So you would need to file a petition for custody/visitation in the court and you would have to show the court her conduct, which would look bad on her for failure to allow you to pay support by refusing to give you the address to send it. You will need to show though that you would have means to pick the child up for visitation, so you have to show you at least have access to a car you can drive to pick up the child and bring the child back.

While you may not avoid the back child support, you are entitled to visitations with the child and she cannot stop that and she is going to look pretty terrible to the court for the text messages she sent and for refusing to tell you where to send support.
Customer: replied 1 year ago.
From what I read, since we have not gone to court, she is not allowed to keep the child from me out of spite isn't that correct? I have also asked her many time since to see her and of course she does not allow it. She would like to make it look like I moved out and was done with my child, but that is not the case and I have proof of that.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Technically she is not supposed to withhold the child without court orders, but in reality it happens all the time and you have to file the petition for custody/visitation and take her to court if she is refusing to allow you to see the child. You have proof you did not just abandon them though, so she can try to argue you did all she wants and you would prove she is lying.
Customer: replied 1 year ago.
I have the money order stubs from when I could pay, but I do not have the money or money orders for the last 6 months of child support though. Is that going to look bad?Also, I claimed my daughter ever year since she was born, but wouldn't allow me to claim her this year even though I lived with her the first 6 months of last year.Sorry for the extra follow ups.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

You are not going to look bad, the issue is she still will not tell you where to send the payments. So you did make an effort to make payments and that is what counts.

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