Child support and custody case

[wyatt_earp5]

What is the name of your state (only U.S. law)? MO

State: MO


I am in a complicated custody battle and I do not wish to get into all that except for one portion. I have a lawyer and will eventually run this by him but at several hundred dollars an hour I wish to research and get others advice prior to doing so.

With that said, I have a Motion to Modify case pending; a Show Cause hearing in a couple months. I have not been allowed to see my kids per my court order in over 2 years and not being allowed to see one of my kids, due to what I describe as parental poisoning, in over 6 months. At any rate, I have lost my job due to lay offs a couple months ago. I wanted to get a temp order to modify my child support however the state won’t hear it as there is a Motion to Modify currently pending. A couple years ago I lost my job and fell behind in support and was prosecuted for it and am currently on probation for this (this kicked off my custody battle). Anyway, my ex has been keeping me from my kids and since I have file contempt of court documents she has done the same stating I am not paying child support as one of her reasons; stating I am in contempt.

My question. Since I have already been to court and dealt with this support issues can I use the estoppel by laches defense on this since she didn’t bring this up in the original Motion to Modify order?

 

[LdiJ]

What is the name of your state (only U.S. law)? MO

State: MO


I am in a complicated custody battle and I do not wish to get into all that except for one portion. I have a lawyer and will eventually run this by him but at several hundred dollars an hour I wish to research and get others advice prior to doing so.

With that said, I have a Motion to Modify case pending; a Show Cause hearing in a couple months. I have not been allowed to see my kids per my court order in over 2 years and not being allowed to see one of my kids, due to what I describe as parental poisoning, in over 6 months. At any rate, I have lost my job due to lay offs a couple months ago. I wanted to get a temp order to modify my child support however the state won’t hear it as there is a Motion to Modify currently pending. A couple years ago I lost my job and fell behind in support and was prosecuted for it and am currently on probation for this (this kicked off my custody battle). Anyway, my ex has been keeping me from my kids and since I have file contempt of court documents she has done the same stating I am not paying child support as one of her reasons; stating I am in contempt.

My question. Since I have already been to court and dealt with this support issues can I use the estoppel by laches defense on this since she didn’t bring this up in the original Motion to Modify order?

She is perfectly within her rights to file for contempt if you are currently not paying your child support. The estoppel by laches defenses would not even remotely apply here.

 

[wyatt_earp5]

Thing is I am paying my child support; the issue when i couldn't or didn't was over 2 years ago(still trying to get arrears paid off) and she is using this now and not in the original motion to modify that was filed 2 years ago.

 

[Isis1]

Thing is I am paying my child support; the issue when i couldn't or didn't was over 2 years ago(still trying to get arrears paid off) and she is now using this now and not in the original motion to modify that was filed 2 years ago.

are the arrears set up in a payment plan? are you paying those arrears in addition to the regular payment?


child support is not an admission fee. mom can and should be held in comtempt for not providing the child per the court order.

 

[wyatt_earp5]

Yes they are. Like I said I was prosecuted a coupled years ago and it was ordered I pay an additional 100 per month to pay the arrears off. When I worked I paid over 300 extra but now that's just not possible, at least till I work again.

I am just trying to push back on the crap she is shoveling as an excuse for being in contempt herself.

 

[Isis1]

Yes they are. Like I said I was prosecuted a coupled years ago and it was ordered I pay an additional 100 per month to pay the arrears off. When I worked I paid over 300 extra but now that's just not possible, at least till I work again.

I am just trying to push back on the crap she is shoveling as an excuse for being in contempt herself.

from the sounds of it, mom can hold you in contempt as well. you need to modify the payment plan, to something you can pay on a temp basis in addition to your monthly payments. ask for a status hearing in six months after to review the case in regards to employment.

but you need to stand your ground on visitation.