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custodial parent is a drug user

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dsbordel

Junior Member
What is the name of your state? Louisiana
If the mother of a child is the custodial parent but is a known drug user, can she have the father arrested for non payment of child support just on her word? The father is putting the child support money in a bank account for the child because the mother uses the money to purchase drugs. Can she have him arrested without going back to court?
 


Shay-Pari'e

Senior Member
dsbordel said:
What is the name of your state? Louisiana
If the mother of a child is the custodial parent but is a known drug user, can she have the father arrested for non payment of child support just on her word? The father is putting the child support money in a bank account for the child because the mother uses the money to purchase drugs. Can she have him arrested without going back to court?

So in other words the guy isn't supporting his child, nor does he care how his child is being raised.

She could certainly take him back to court on contempt.
 

THE PRACTICE-29

Junior Member
dsbordel said:
What is the name of your state? Louisiana
If the mother of a child is the custodial parent but is a known drug user, can she have the father arrested for non payment of child support just on her word? The father is putting the child support money in a bank account for the child because the mother uses the money to purchase drugs. Can she have him arrested without going back to court?

My response:

No. But, she can take him back to court on an "Order to Show Cause". The judge, despite his protests, jumping up and down, and screaming about how she's a druggie, will fall on deaf ears - - and the judge will toss him in jail, for his unauthorized self-help tactics of putting the money in an account.

Who the hell does he think he is?

IAAL
 

dsbordel

Junior Member
The father wants to become the custodial parent. He pays for all of the education, after school care, schoold supplies, uniforms and clothing. There are certified documents from others stating that the mother puts the child in the car and drives around loaded looking for more drugs.
 

Shay-Pari'e

Senior Member
dsbordel said:
The father wants to become the custodial parent. He pays for all of the education, after school care, schoold supplies, uniforms and clothing. There are certified documents from others stating that the mother puts the child in the car and drives around loaded looking for more drugs.

What are certified documents? What is he doing about getting custody, besides not paying his support?:rolleyes:
 
S

shell007

Guest
dsbordel said:
What is the name of your state? Louisiana
If the mother of a child is the custodial parent but is a known drug user, can she have the father arrested for non payment of child support just on her word? The father is putting the child support money in a bank account for the child because the mother uses the money to purchase drugs. Can she have him arrested without going back to court?
I see this situation as two different problems.

A. Mom should not be on drugs.
B. Dad needs to give MOM the money for CS, even if HE THINKS she is using it improperly.

One parent's BAD behavior does NOT give the GREEN LIGHT for the other parent to behave just as bad.

ie: TWO WRONGS DON'T MAKE A RIGHT

They could potentially have a claim against each other, but they DON'T CANCEL EACH OTHER OUT.

Stand by for other opinions/advice
 

AHA

Senior Member
dsbordel said:
The father wants to become the custodial parent. He pays for all of the education, after school care, schoold supplies, uniforms and clothing. There are certified documents from others stating that the mother puts the child in the car and drives around loaded looking for more drugs.
The mom is not his responsibility. It IS however HIS responsibility to make sure he gives the mom money for food and shelter. If she is so bad, why isn't he on the phone with a lawyer EVERY DAY fighting to get custody???????????????????????????????????????????
 

dsbordel

Junior Member
He does have a lawyer. The child lived with him until Easter when the mom decided to take her from school and demand child support. They have not been in court for 4 years. He is trying to do the right thing by his child and not support the mothers habit. The support money will not be used for food or shelter, just drugs!
 

momofrose

Senior Member
dsbordel said:
What is the name of your state? Louisiana
If the mother of a child is the custodial parent but is a known drug user, can she have the father arrested for non payment of child support just on her word? The father is putting the child support money in a bank account for the child because the mother uses the money to purchase drugs. Can she have him arrested without going back to court?

The father can not choose how the child support money gets spent..can you imagine if every NCP that pays child support (including me) could decide how this money is used? Child SUpport is for the SUPPORT OF THE CHILD...not anything else.

Not sure how it can be only on the word of the mothet that NCP is not paying child support - does it not go through the state? The state would then have a record of payment or non-payment.

Tell NCP to empty bank account (if it is all child support ordered money) and pay the CP as ordered by the court..case closed.

D
 

AHA

Senior Member
dsbordel said:
He does have a lawyer. The child lived with him until Easter when the mom decided to take her from school and demand child support. They have not been in court for 4 years. He is trying to do the right thing by his child and not support the mothers habit. The support money will not be used for food or shelter, just drugs!
If the kid was living with him, he had custody, right? So if mom (who doesn't have custody?) just picked up kid from school and took of with her, why isn't he hunting her down to get his child back? Has the court ordered him to pay cs to her, if she doesn't have custody????????
 

Shay-Pari'e

Senior Member
dsbordel said:
He does have a lawyer. Then why the hell are you talking in circles and asking us?

The child lived with him until Easter when the mom decided to take her from school and demand child support. Talking in circles.

They have not been in court for 4 years. He is trying to do the right thing by his child and not support the mothers habit. The support money will not be used for food or shelter, just drugs! Still talking in circles.

Go away Troll.
 
S

shell007

Guest
dsbordel said:
He does have a lawyer. The child lived with him until Easter when the mom decided to take her from school and demand child support. They have not been in court for 4 years. He is trying to do the right thing by his child and not support the mothers habit. The support money will not be used for food or shelter, just drugs!


That issue is NOT for him to decide.

Let's say he gives her $100.00 p/ month, and she spends $100.00 p/month on herself. Now, she has to take her own $100.00 p/month to to compensate for what she spent.

In other words: It's all considered a "wash" in the end. Capeesh, coppish, kabish ??? Good!!!

he needs to pay his CS to the MOM, NO EXCUSES!!!!
 
S

shell007

Guest
dsbordel said:
What is the name of your state? Louisiana
If the mother of a child is the custodial parent but is a known drug user, can she have the father arrested for non payment of child support just on her word? The father is putting the child support money in a bank account for the child because the mother uses the money to purchase drugs. Can she have him arrested without going back to court?
Just curious, but what role do YOU play in this whole mess?

Are you the girlfriend or what???

In any event....Unless you are MOM or DAD...you need to keep your nose out of it!!!
 

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