Mother of my child moved

[tphillips357]

What is the name of your state? Kentucky

The mother of my son moved from Kentucky to Indiana but had child support ordered here in Kentucky. When she was living here in Kentucky she was getting a check from the state for support since I'm unable to work due to seizures and have filed for SSD. I was wondering since she moved more then 8 months ago if she's suppose to file for support in Indiana now and drop the case in Kentucky since her and my son live in Indiana now. Since she is now making threats to take me back to court in Kentucky since I'm unable to buy him clothes and give her money.

 

[Neal1421]

What is the name of your state? Kentucky

The mother of my son moved from Kentucky to Indiana but had child support ordered here in Kentucky. When she was living here in Kentucky she was getting a check from the state for support since I'm unable to work due to seizures and have filed for SSD. I was wondering since she moved more then 8 months ago if she's suppose to file for support in Indiana now and drop the case in Kentucky since her and my son live in Indiana now. Since she is now making threats to take me back to court in Kentucky since I'm unable to buy him clothes and give her money.

If one party is still in the state where the original order was set, then that state has jurisdiction over the case.

Is your child not recieving a portion of your SSD benefits?

 

[tphillips357]

I haven't found out anything about my SSD yet but the Judge put the case on hold the last time we were in court until they make a decision on it. Then I have to file a motion once I find something out about it but the CA is pushing things since I can't work and now since she (mother of my son) was forced to start working instead of getting welfare she's mad about it. I have taken letters to the CA and Judge every time I have went to court from my doctors saying that I can't work do to my seizures and other health problems but since I can't afford a lawyer they try and screw me over. I was even told by the CA that I don't have visitation rights since I can't pay child support even though I asked for them.

 

[BL]

I haven't found out anything about my SSD yet but the Judge put the case on hold the last time we were in court until they make a decision on it. Then I have to file a motion once I find something out about it but the CA is pushing things since I can't work and now since she (mother of my son) was forced to start working instead of getting welfare she's mad about it. I have taken letters to the CA and Judge every time I have went to court from my doctors saying that I can't work do to my seizures and other health problems but since I can't afford a lawyer they try and screw me over. I was even told by the CA that I don't have visitation rights since I can't pay child support even though I asked for them.

That's hogwash . Child support and visitations are separate issues .

The thing is though , if you filed for visitations , who's going to pay for transportation ?

Just keep providing the information that you can't or are not working , and wait for your SSDI to be approved and start receiving benefits . Your children will be entitled to benefits on your behalf as well .

So she's mad . When you're approved you and her(for the children ) will get retroactive payment(s) , and continuing each month.

Perhaps the Court would order Her to produce the children to you for some sorta visitations ..

Good Luck ...

 

[rmet4nzkx]

If and or when you are approved for SSDI and you receive the retroactive checks, for your child, the state will place a lien to recover what aid they are providing in lieu of child support. Did you contest her moving the child out of state?

 

[tphillips357]

I didn't know I could contest her moving my son out of state??? They wouldn't even given me visitation rights because I'm unable to pay. Here in Kentucky when you go for child support you also do the visitation at the same time. I don't know about other states. I could get a ride to get my son to see him for the weekend. It's not the states problem to figure out how I'm going to get my son to see him. At least I want something to do with him unlike a lot of other fathers out there who don't want to see there kids or have anything to do with there kids. I just can't work to pay child support.

 

[Neal1421]

I didn't know I could contest her moving my son out of state??? They wouldn't even given me visitation rights because I'm unable to pay. Here in Kentucky when you go for child support you also do the visitation at the same time. I don't know about other states. I could get a ride to get my son to see him for the weekend. It's not the states problem to figure out how I'm going to get my son to see him. At least I want something to do with him unlike a lot of other fathers out there who don't want to see there kids or have anything to do with there kids. I just can't work to pay child support.

Yes, you could have contested the move.

You have to request visitation, they do not just give it to you. Also, visitation and support are two different issues. Just because you are not paying does not mean that you are not allowed to see your child but again you have to request the visitation.

 

[tphillips357]

I did request visitation and that's when the CA told me that since I don't pay support I'm not intitled to visitation. They had already been moved for about 5 months before anybody ever told me that they moved. When I called her moms house where she was living they just kept telling me that she wasn't there until I got a hold of her one day and she told me.

 

[BL]

I did request visitation and that's when the CA told me that since I don't pay support I'm not intitled to visitation. They had already been moved for about 5 months before anybody ever told me that they moved. When I called her moms house where she was living they just kept telling me that she wasn't there until I got a hold of her one day and she told me.

Who's a CA ? Court Adviser ?

 

[Claire's mom]

Would mom not be responsible for the visitation costs since she moved & created the distance?

 

[LdiJ]

Would mom not be responsible for the visitation costs since she moved & created the distance?

In this case, perhaps not. No visitation order was established prior to mom's move, therefore its possible that they would be ordered to share the expenses if and when a visitation order is made.

KY also does things a little differently than many other states. Basic visitation is normally established when child support is established. I believe that TX can do the same as well. Therefore, dad's explanation about visitation may not be totally inaccurate. However, I don't think that he realizes that he doesn't HAVE to establish visitation that way.

Obviously mom and the child have been in Indiana long enough that residency has been established....therefore he would have to file for visitation in Indiana.

 

[tphillips357]

CA is the Commonwealth Attorney who is going after me for child support for the state since she was getting welfare. I think she still uses her mom's address in Kentucky to get help if she can from the state? She just lives over in Indiana because it's closer to her job and it's easier for her to get to work that way instead of having to get up early to cross the bridge everyday. She still has our son in state paid day care over here in Kentucky. Her mom picks him up in the morning and takes him to daycare and picks him up and takes him back home at night for her. That's what I just found out from a friend of both of ours.

 

[BL]

CA is the Commonwealth Attorney who is going after me for child support for the state since she was getting welfare. I think she still uses her mom's address in Kentucky to get help if she can from the state? She just lives over in Indiana because it's closer to her job and it's easier for her to get to work that way instead of having to get up early to cross the bridge everyday. She still has our son in state paid day care over here in Kentucky. Her mom picks him up in the morning and takes him to daycare and picks him up and takes him back home at night for her. That's what I just found out from a friend of both of ours.

You are going to believe the CA , that is going after you ?

I believe you could Petition the Court on your own for visitations .

I'm sure if you explain your situation to the Court Judge , and especially if you start receiving SSDI , you will be awarded some type of visitation .

 

[tphillips357]

The thing with the Judge is he told me to go out and walk the streets to get cans to pay child support for my son. This was after me giving the court for the 4th time papers from my Doctor that I couldn't work and another letter from my Lawyer about how I have applied for SSD and was waiting on a reply from them. When I got divorced from my ex-wife ( a different women then the one I'm talking about) and was trying to get the court to order her to pay child support since I have the kids from that. They didn't order her to pay anything since she can't work. I guess it's different if your a guy and can't work to support your kid or kids no matter how much proof you have of what's going on. About the CA they're the one's that were setting up everything. How would I go about the visitations to get them? I can't afford a Lawyer to help me so it seems like the Judge and the CA want to stick it to me everytime I go to court.

 

[rmet4nzkx]

If she is still using a KY address and has the child in KY day care, an argument could be made that she hasn't established residence in IN and you can still petition the courts for visitation. Contact legal aid.