• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Should I Modify my Support if child lives with me?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jinxedbylaw

Junior Member
What is the name of your state (MN)
What is the name of your state (MN)

Due to allegations and documented abuse of my minor child by his mother he now has severe mental health issues regarding the relationship with his mother and under the recommendation of his mental health care professional, he is living with me, he is 9 and has living with me for the past 3+ months full time. He has seen his mother approximately 3 days. He has no interest in seeing her or even talking to her (due to what happened). I don't bad mouth his mom and I try to help 'heal' the relationship but I can't help but feel it's like sending a child who was molested back to the molestor.

In a seperate issue but also relevent to my point, I lost my job last year when the mother tried to kill herself in front of my minor children. I requested a modification to my support in February, but since she is on welfare, the county where I live in sent an Intervenor since she was taking county money and fought me and quite simply outclassed my low-rent attorney. Since I voluntarily quit my job to take care of the kids while she got 'help' I was denied my motion to modify because I voluntarily quit and my fairy tale 'potential earnings' should still take precedent according to the court.

So I ask, even though my previous attempt to Modify the Support was denied in February, due to this completely new set of circumstances, should I file again for a Modification of Support due to my son living with me or do you think the court will think I'm trying to dodge child support? I have documents and witnesses galore stating why and where he is living, but our county is notorious for crapping on fathers rights.

I am sure once again the County will send someone to intervene since she still collects public assistance.

Between my job, and other children I am all out of money and cannot afford an attorney. I could afford some hourly legal advice on how to file, etc. Any help or direction would be great.
 


LdiJ

Senior Member
What is the name of your state (MN)
What is the name of your state (MN)

Due to allegations and documented abuse of my minor child by his mother he now has severe mental health issues regarding the relationship with his mother and under the recommendation of his mental health care professional, he is living with me, he is 9 and has living with me for the past 3+ months full time. He has seen his mother approximately 3 days. He has no interest in seeing her or even talking to her (due to what happened). I don't bad mouth his mom and I try to help 'heal' the relationship but I can't help but feel it's like sending a child who was molested back to the molestor.

In a seperate issue but also relevent to my point, I lost my job last year when the mother tried to kill herself in front of my minor children. I requested a modification to my support in February, but since she is on welfare, the county where I live in sent an Intervenor since she was taking county money and fought me and quite simply outclassed my low-rent attorney. Since I voluntarily quit my job to take care of the kids while she got 'help' I was denied my motion to modify because I voluntarily quit and my fairy tale 'potential earnings' should still take precedent according to the court.

So I ask, even though my previous attempt to Modify the Support was denied in February, due to this completely new set of circumstances, should I file again for a Modification of Support due to my son living with me or do you think the court will think I'm trying to dodge child support? I have documents and witnesses galore stating why and where he is living, but our county is notorious for crapping on fathers rights.

I am sure once again the County will send someone to intervene since she still collects public assistance.

Between my job, and other children I am all out of money and cannot afford an attorney. I could afford some hourly legal advice on how to file, etc. Any help or direction would be great.
You wouldn't just need to file to modify child support, you would have to file to modify custody as well.
 
Absolutely. Child support is to help with the expenses of the child. She has none, and gets nothing. Make sure that the modified custody order (you need one) also states supervised visits. It might make any visits your son has easier if he's not alone with her.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top