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I have a child support case tomorrow, the mother lost

I have a child...

I have a child support case tomorrow, the mother lost custody to the grandparents due to hard drugs. Grandparents have guardianship of my son, a hold was put on payments to stop from use of drugs. Guardianship never picked up the support. Could I push for a dismal on a technicality?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has anything been filed or reported?

Reported yes, filed no. I requested the grandparents too.

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

More than I'd like to type out. Haha

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Answered in 5 minutes by:
1/1/2018
Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 4,655
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
Give me just a moment to review what you've written.

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Yes, you can file to have child support halted (even temporarily) although you should be prepared that the grandparents would simply request that the child support continue to be paid - just to them as the current guardians.

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Customer reply replied 7 months ago
Let me ask it another way. I'm 10g behind child support. I'm worried I could get incarcerated. I'm trying to defend myself. Child support is halted on my accord, I haven't seen my son in 5 years. But the mother lost custdoy and the mothers parents have guardianship. What can I say
Customer reply replied 7 months ago
The child support was halted in 2016. I had a benchwarrent put out on January 2017. Witch is the court case I'm going for. I was pulled over in October this year witch is when I found out about the warrent
Customer reply replied 7 months ago
Payments have been made, I lost my job in October because of incarceration and didn't get a job till beginning of last month December 2017. Judge said hed better see payments. I had 1 payment in December and another deposited tomorrow.
Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1,497
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Verified

Good afternoon. You asked whether you could push for dismissal on a technicality, but based on the information you provided it seems that a recalculation would be more likely, deducting from the arrears any amount added after the hold. Unfortunately, however, it is very rare for cases to be won or lost on a technicality in child support matters. This is because the child support technically belongs to the child and is unrelated to factors such as custody or visitation, except in so far as the person who has the child is able to collect it on behalf of the child. The court really tends to look at the income of the parent obligated to pay and whether he or she has in fact been paying their share, and if not then the next consideration is whether the parent has a good reason for not paying. Good reasons tend to be factors out of the parent's control, such as illness or disability. Sometimes unemployment is an excuse if the unemployment is involuntary, however the court often will sanction a parent who simply doesn't pay in willful violation of the court's order. If the order says payments are on hold or suspended, then they are suspended and no amount should be due; to put it another way, any amounts that accrue during the hold or suspension should be deducted from the total. It will be important though to always carefully review the actual orders, because those will determine the parental obligation under the law.

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Customer reply replied 7 months ago
I absolutely need it to be recalucated and corrected witch should be 4k reduction. Problem is financial, I make around 400$ a month. I had my son right out of high school. I'm bi-polar and diagnosed with adhd, so I full heartedly gave my son every second of my time and became a family man. I live a poor life because I couldnt separate drive from life. So it seems like my best fighting chance is to defend myself using my medical condition.

Just keep in mind, when it comes to medical conditions, it is important to have as much documentation as possible. This may include medical records concerning the treating physician's diagnosis, including mental or physical limitations, treatment, and recommendations.

Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1,497
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Verified
Amber E. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 7 months ago
I would of accepted it but I'm down to 280$ because of Christmas and honestly this money was my back up plan to offer to judge.
Customer reply replied 7 months ago
I have over 400 pages of documents ranging from ages 12-18. Sounds like I should skim them and organize with most importance first. Well, happy new years to you. And thank you for your assistance, much helpful.
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