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What are the chances of getting 36 months of back child support, and how can you go about getting supervised visitations?

Tupelo, MS |

My son is 3 and hasn't gotten any child support from his father. He hasn't seen him in over a year. He is now wanting to jump in and get custody and visits but isn't interested in his medical problems. He doesn't want to pay the court ordered $500 a month and is quitting his job because of it. He also doesn't want to pay because he doesn't see him.

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Attorney answers 4

Posted

If the court is ordering him to pay child support and he is not paying, he is in contempt of court. You can file a contempt action against him to try and get the back owed child support. Depending on how much he owes and what his income is, you may have a decent chance at recovering the back owed child support.

If there is no custody order in place, I would suggest get one put in place. The courts determine custody based on what is in the best interest of the child. If there is a child custody order already in place, it will have to be modified to change custody. A modification requires a material change in circumstances in the custodial parent's home that adversely effects the welfare of the child.

Courts generally allow the non-custodial parent to have liberal visitation. If you want supervised visitation, you will need to provide the court with some type of reasoning as to why you want it. Just because the father has not seen the child lately or paid child support does not mean that that will be sufficient reason to require supervised visitation.

I would talk to a family law attorney to help you with this issue.

The information provided is not intended to create an attorney-client relationship. You are not to rely solely on my answers, but should instead contact an attorney and provide them with the details of your matter. S/he will be able to provide you with more complete advice. If you have more specific questions, feel free to contact me.

Asker

Posted

My little boy has severe food allergies and a few medical problems that his father refuses to learn he states that he can figure it out on his own. His actions of figuring it out on his own could possibly kill our son. Especially if he doesn't know what to do or how to do it. That is what scares me plus my son isn't old enough to tell someone everything he is allergic to or if he is having problems unless you know what to look for.

Asker

Posted

Thank you for your comments!

Tchanavia Bryant

Tchanavia Bryant

Posted

The court will likely take that into consideration, I just do not know if it would be enough to obtain supervised visitation, at least without maybe some proof that the father refuses to learn and his refusal has caused your son harm in the past.

Asker

Posted

The child support case was taken to the state of Georgia from MS due to him living there while in the Army. The child support order is from GA. He is getting out next month then will no longer have an income, and he is now in the state of MS. Will that change anything if it is taken to court in MS?

Posted

You can absolutely get the court to enforce its orders through a contempt citation. Consult with an attorney as soon as possible. The law in the state of Mississippi is that all fathers are required to support their children. He doesn't appear to be doing so. File now.

This communication does not create an attorney-client relationship and is not designed to substitute for individual legal advice. Individual consultation with a licensed attorney is recommended in order to fully explore all of your legal options.

Asker

Posted

The child support case was taken to the state of Georgia from MS due to him living there while in the Army. The child support order is from GA. He is getting out next month then will no longer have an income, and he is now in the state of MS. Will that change anything?

Posted

If he is under a court order for child support and is not paying then he is in contempt and can be held as such by a judge

The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.

Asker

Posted

The child support case was taken to the state of Georgia from MS due to him living there while in the Army. The child support order is from GA. He is getting out next month then will no longer have an income, and he is now in the state of MS

Posted

I agree with the answers given thus far - you can go to the Judge to ask that the father be held in contempt. Quitting his job to get out of paying child support won't go far with the Judge if that's the reason he's not working.

No attorney-client relationship: Dunbar Davis PLLC and its attorneys provide responses exclusively for informational purposes. Those answers do not constitute legal or other professional advice and does not necessarily represent the opinion of Dunbar Davis PLLC or its clients. Viewing these responses, using information from them, or communicating with Dunbar Davis PLLC through this site does not create an attorney-client relationship between you and Dunbar Davis PLLC. Nonreliance: Online readers should not act or decline to act, based on content from this site, without first consulting an attorney or other appropriate professional. Because the law changes constantly, this website's content may not indicate the current state of the law. Nothing on this site predicts or guarantees future results. Dunbar Davis PLLC are not liable for the use or interpretation of information contained on this site, and expressly disclaim all liability for any actions you take or do not take, based on this site's content.

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