no support during summr visit when behind 1000's $

[ksg487]

my children's father has been sporatic about child support and visits (when convenient to him and his girlfriend), and is behind in support by 1000's, even though we are currently going thru prosecutors office. every court date he shows that he is making an "attempt" at c.s. and court keeps being continued for him. i am fed up. now, his girlfriend wants a car, so she told ex that if he excercises his 6-wks of summer visitation (which he's never done before in 8yrs) that he won't have to pay all or any of c.s. during this time, and they can save to buy her a car. This is a terrible excuse for wanting to have visitation with our children. can he do this?
[email protected] Indianapolis, IN

 

[Ambr]

that had the possibility of a yes and a no answer.

it is possible that he could request a modification for the support. he could point out that if he has the child for 6 weeks in the summer that he has the total support obligation during that time. it is possible that a judge could rule that he would not be responsible for the payment during that time. meaning that one month he wouldn't pay and the next month, he would pay half.

but...

he is already technically behind in his support. although the judgement would release those 6 weeks, he would still be required to pay the past support.

although he would save a little in the amount he has to pay you in total, he wouldn't technically be saving the amount of money he had to pay out during those months. he would still have to write you a check during those weeks.

 

[Ambr]

and yes, it is a pathetic reason to want to exercise his visitation with his child.

if you push really hard you might be able to convince a judge that this was his motives. also push that your responsibilities to the home, etc. are still the same, therefore your expenses are the same rather the children are there or not.

it could possibly sway the judge to continue the support during this time.

 

[daniel123456]

sad excuse"this type has given us the rap of dead beat dads"

in most states they now have implimented visitation seperate from child-support,though in alot of the cases when a defendant files contempt proceedings against the parent who is not allowing a court orderd visitation,there is nearly no action ever taken against the parents doing so,why?purposes of intent.if they give a person who is found in contempt of the court-orderd visitation punishment.,then the parent,which is usually the mother,would have to pay,either a court fine,or any other remedy that the court may decide.then that would be contrary to their intent,to provide for the best intrest of the children, it would beckon more court cases,regarding modifications,to be exchanged then over to the father to receive payments from the mother for the period,or take from the child in otherwords.thus causing the mother to lose custody of the child,and then be given to the father,i would not stop allowing him his visitation.
with regards to the court dates,if the pleadings have been identified by the courts that he has shown justification to miss the dates,there isnt must that can be done,except that you can contact your district attorneys office,and ask to file a complaint.it is guaranteed in the constitution that any,and all cases be presented in a timely manner.so long as it does not disparage any rights allowed in the constitution.when the court day finally comes,you will be able to ask the court to proceed with your states laws,such as the tax and levy,federal,and state offsets,or wage assignment,etc.but they must do this,only according to,and what your state laws allow,as it must be in conformity of the us.constitution.i am not an attorney,please consult with one in your home state.good-luck,friends.