If I Sue my Ex for not Allowing me to See my Children Although we have Joint Custody, Would that Eliminate the Back Child Support I Owe?
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Summary
My wife has denied me the right for Joint custody since our divorce in 1996. I am in arrears and now am being prosecuted by an attorney of the state. I could not pay support because of Economic Hardship with my employment career. I would like to know if I could fight for joint custody and sue my x wife for all the years she had not allowed me Joint custody to eliminate arrears and see my children more. |
“Hello, I Live in Indiana. My wife has denied me the right for Joint custody since our divorce in 1996. There is no evidence of me ever being an Unfit Father. Now I rarely see my children in 2006 and I still pay support. I am in arrears and now am being prosecuted by an attorney of the state. I could not pay support because of Economic Hardship with my employment career.
I would like to know if I could fight for joint custody and sue my x wife for all the years she had not allowed me Joint custody to eliminate arrears and see my children more.”
If circumstances warrant a modification of the timesharing arrangement, you could file for a modification of custody and visitation. As far as arrears go, the time to seek a modification of those is when the circumstances changed justifying a modification of support. Orders are orders. If you did not seek a modification of a support order when you were entitled to relief, it is likely that you owe that amount. A future change in the timesharing arrangement will not modify the support previously due.
Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!
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Advantage of Joint Custody Don’t Include Unilateral Change of Timeshare
For more on this subject check out these categories: Child Custody, Child Support, Family Law, Visitation
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.