My ex has 1 day a week supervise visitation.I filed for child support.When we go to the child support hearing,will they give him

Asked over 1 year ago - Johnson City, TN

more visitation?Can I get it supervised?He's on probation for armed robbery and he does drugs.Will they drug test him?He's trying to get custody of our baby,but I don't think he is going to get a lawyer cause he has no money.He tried to get custody other ways,but failed.So I thought if I filed for child support he would give up.The child support is going all the way back to birth which is 7 months.So if he didn't pay and he gets a free lawyer at the custody hearing,then would the judge let him have custody or would the judge think since he didn't pay he doesn't get custody?Since he is on probation,could he get in trouble for not paying child support?If I keep going back to court and say he hasn't paid,will the judge throw him in jail?Would my ex tell the judge he wants his rights taken ?

Additional information

Do I need a lawyer for child support hearing?My ex's name is on birth certificate.Could he tell the judge he wants to take a DNA test?Or could I tell the judge I want a DNA test or if I had a lawyer could he get a court order to make my ex take one?When I was with my ex he kept telling me he didn't think he was the father cause she didn't look like him.My mother doesn't think he is the father so she thinks he shouldn't get visitation or custody cause he may mistreat her if he found out he wasn't the father.Is there a way I can get a DNA test even though he is on the certificate?I think he wants custody of her cause he wants to get back at me for not getting back together with him.

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . Counsel offers you excellent advice. I would add that you should contact a local family law attorney to review your options. Goodl uck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Mary Elizabeth Yarbrough

    Contributor Level 9

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    Answered . If this is a Juvenile Court matter involving a non marital child, the court will only deal with matters relating to the child support matter. He would have to file a separate petition to have issues of visitation heard.

  3. Trudy Lynn Bloodworth

    Contributor Level 8

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    Answered . According to the Tennessee Child Support Guidelines, current child support shall be set with factors contained in the guidelines including the father's income, the number of days each party receives in visitation, whether or not day care expense is applicable and who carries insurance for the child. Because the father only receives one day of parenting time which is supervised, that factor will result in a higher child support obligation-that is because the guidelines contemplate that when the chlid is in the care of the visiting parent, that child is being fed, clothed, provided shelter, etc. The father's ability to work a full time job will come into play even though he has a criminal record and he cannot rely on that fact as an excuse as to why he cannot find a job. The retroactive support (back to 7 months in your case) will most likely also be ordered. Failure to pay child support is not a new offense so he would most likely not get in trouble with his criminal probation if he failed to pay child support; however, he could be found in contempt if he failed to pay child support after an order is entered. Custody will not be considered by the Court unless a petition is filed by the father. If that is the case, the child support can be considered before the final hearing determining custody. Based upon your facts, it is my opinion that the father would not prevail on a petition to modify custody.

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