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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“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.

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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.

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Author: House Attorney

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