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Dad has custody Mom in arrears

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lejeff25

Junior Member
What is the name of your state? Texas

Ok. My husband has custody of his 5 year old daughter. We've been married for 2 years. We are in court right now because his ex-wife wants custody. She is "Suprise" in arrears in child support about $5,700. They were young and when they divorced he only asked for her to carry medical insurance on their daughter or reimburse him the cost if he carried ins. ($80 a month, isn't that a child support dream!) and she could not. So he has had her on insurance and she is refusing to reimburse him. We have been in court twice now and the judge has given her nothing she asked for. His ex-wife had ordered a social study and now we go back to court for the final hearing. My question is can she possible get custody or more visitation being so far behind in child support?

Additional info, Mom left on Mothers day did not fight dad in court. Had daughter week on week off when she was 3. My husband and I found out she was pregnant but not by the man she was living with and got kicked out. The ex-wife soon moved in the father of the baby but refused to tell my husband her address on any info on the man so my husband thought it was in the best intrest of daughter to not be there for that length of time and told her that he would go by the court ordered visitation if she didn't give him the info. She gave him the mans name and their address that was it and they agreed for her to get her daughter every weekend provided that if we needed her for family event we could have her. That was fine for over a year. Things went fine everyone was getting along. We would ask her periodically if she was getting their daughter on insurance anytime soon. Ex-wife only has an 8th grade education so most of her many jobs don't offer great benifits. So she never put her on insurance and never offered to reimburse my husband. My husband is a supervisor and he got her new boyfriend a job where he worked because they needed to money, only the boyfriend was fired for stealing $3,000. And has been unemployeed for 5 months. Anyway, back in April we need our daughter for a birthday party and ex-wife told us no. We needed her for another event a month later. She told us no. So my huband decided if she could not go by the agreement he was tired of fighting with her and he was tired of his daughter missing out of family things that it was best to go by the court ordered visitation. No fighting, nothing, plan and simple.
Might I add that I am divorced and by ex gets out son every weekend provided I have him for family events too and we have never had problems.

Hope this helps give some insight.
 
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brisgirl825

Senior Member
Child support and custody/visitation are two different animals. So yes, the judge can award her with custody or more visitation even though she is in arrears. The odds of her winning custody are slim though.
 

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