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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2509
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: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months 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 9 months ago.

What is your question please?

Customer: replied 9 months 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 9 months 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:  S. Kincaid replied 9 months 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?

Customer: replied 9 months ago.
The original order was started in Oregon. After ten years the order expires and has to be renewed in order to be active. I am not sure if the order was renewed or even transferred to Arizona. I have received mail from the State of Oregon but do not want to open because if the psychological damage that I have incurred. I received about 13% visitation which wasn't even remotely close to 50% visitation and/or custody. I could not deal with this disappointment and slipped into depression with high anxiety and PTSD. I was just evaluated last week by a free psychological clinician that works for the State of Idaho. He believes at "first glance" that I have anxiety that probably stemmed from depression. I am supposed to go in for a further evaluation this coming week. It was even extremely difficult to go back to just answers to open up your response to my question due to my level of anxiety. This situation has killed part of me on the inside. The basis for reducing it is not having the ability to work for over a decade. If you look at any tax records from the IRS it shows I have had zero income most years. The clinician from the State of Idaho said that people with my condition tend to "couch surf", meaning stay with friends or family which I have done for years and years. I understand that under certain conditions that they reduce back support. I know this is one of them. If you cannot work then you don't have the ability to pay. I have no bank accounts and no car. I rely on rides, buses and handouts so to speak. Mental disabilities are the basis for not being able to work so I believe in court I have to prove that I cannot work and in order to do that you have to prove why...which would be a mental condition or disorder that does not allow one to work.If the custody order is still in Oregon but inactive because it has not been transferred or renewed and if I do not live in Oregon then would I still have the option of filing in Oregon?
Expert:  S. Kincaid replied 9 months ago.

When you say it's rendered inactive after ten years, do you mean that the order says on its face that it only lasts ten years? Or are you referring to the general law that judgments must be renewed every ten years? If it's the latter, that provision does not apply to custody proceedings. The case would still be active in Oregon.

Customer: replied 9 months ago.
When I got a copy of the order the last page said that the order would expire after 10 years and had to be renewed after 10 years.
Expert:  S. Kincaid replied 9 months ago.

If it is in the terms of the order, than it did, in fact, expire after ten years. Since there is no current custody order, any custody orders you want to put in place would have to be in the child's home state, if the child has one. Generally, a child's home state is the state where the child has lived for the past six months. If the child hasn't been living in Idaho, you cannot file in that state.

If you already participated in a child support case in Oregon (or any other state), then the Court has the right to continue to litigate the case in that state. You might have been able to object to that state having jurisdiction over you when the case started, but once you "appeared" in that case (by writing or by appearance at a hearing) you have waived the right to object. Therefore, it should be done in Oregon. If you are to modify, you could do so in Oregon, or in the your ex's state of residence. If your ex were to modify, she could do so in Oregon or where you live. But you can't pick your own state.

I'm still unclear if you are trying to get out of past debt or current payments by showing your mental state. Which are you trying to do so I can answer this part of your question properly?