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I currently have sole legal and physical custody of my 6…

Hi, I currently have...

Hi, I currently have sole legal and physical custody of my 6 year old daughter and my ex has just filed for joint custody. He w

Lawyer's Assistant: Family law varies by state. What state are you in?

He was ordered to pay $540 a month in child support when i was granted sole custody back in 2012 but never once has made a payment. I was just wondering how or if that is going to effect the joint custody he filed for?

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I literally just received the paperwork from him

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that's all I'm curious about. Thank you

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Answered in 1 minute by:
10/21/2017
Jessica B
Category: Family Law
Satisfied Customers: 1,669
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your issue. Please remember to rate my service at the end of this session. Thank you!

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The first step is you need to hire an attorney, if you don't have one already, and file a Motion for Contempt for the unpaid child support.

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Customer reply replied 9 months ago
What is a motion for contempt?

Just because he is filing for joint custody now, does not get rid of the support he has not been paying the last 5 years. Unpaid child support can be a factor when a judge is considering joint custody.

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A Motion for Contempt, is a motion where you tell the judge there is a court order and the person is not following the court order. In this instance your ex is under a court order to pay $540 month, and he is violating the order by not paying it. You are owed that money with interest. Also, he may be ordered to pay your attorney fees because he is not following the court order.

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Customer reply replied 9 months ago
Do i file that with a lawyer?

Yes, and in the Motion the attorney will request that your ex pay the attorney fees. Your ex will then have to go before the judge and admit he is not paying child support in violation of the court order. In some situations, the judge may order him to go to jail for failure to pay the support.

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You will no longer be at your ex's mercy to receive child support. His wages will be garnished and you may even be awarded his tax return every year until the debt is paid to you.

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Customer reply replied 9 months ago
Ok thank you, ***** ***** I was wondering.

No problem. You have rights here and you need to pursue them. It's time your ex faces the truth. Please let me know if there is anything else I can help with. If not, please remember to rate my answer. Thank you!

Jessica B
Category: Family Law
Satisfied Customers: 1,669
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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