Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
Question: 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.
