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Parenting Plan enforcement, kansas


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#1 lenymo

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Posted 24 January 2013 - 08:47 AM

Back in September my ex, my four year old sons mother, had a warrent issued due to child support non-payment. She then test me and called wanting to give her rights up. Her reason was that child support was to much and she couldnt afford it any more. She then explained that she wanted me to stop the child support and allow her to see him every few months. I told her that i thought she was wanting to terminate her right for the wrong reasons and i refused to cooperate with it. I had spoken with our child support court officer and explained that i would not allow her to see him while she has an open warrant for her arrest, i would not expose my son to the possiblity of his mother being arrested in front of him.

January 15th, i receive a notice of Parenting plan enforcement. She attached a letter saying how I wouldnt let her see our son, even though she made real attepmt to see. She refused to give me her address in fear that i would have her arrested.

A few other details: during the time betweem june and january she had moved to colorado, stating she had plans to never return. Our parenting plan also says she is suppoed to see him everyother weekend and every wed. She has not once got our son on the wed, not that it matters to me but it could be somehting i bring up in court in march. She is curretly close to 10k behind in child support with no job and the courts seem to arrest her and simply release her on her "good word" to start paying.


I know this is all over the place, it is a fairly confusing situation. I guess my question is simple, What can i do to protect both me my son and my new wife and family? Do i have any legal action i can take? Should i seek a Family lawyer?

Thanks in advance.

Edit: I forgot to mention that in mid November i had called and spoke to our designated child support officer. I explained that i was keeping him from her due to the warrant. She agreed that was the best thing to do for our son.

#2 Ted_from_Texas

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Posted 24 January 2013 - 09:01 AM

Your child support officer is not an attorney and has neither the authority nor the competence to give you legal advice. In fact, child support and visitation are entirely separate issues, and you cannot withhold visitation in retailiation for nonpayment of child support. If you have a valid reason to withhold visitation (and I doubt a judge would agree that wittholding visits due to the open warrant is "the best thing to do" for your son) you would need to go to court to have your custody order modified to allow limited or supervised visits.

I strongly suggest you consult with a local family law attorney to learn your available options under your particular circumstances.

#3 Guest_FindLaw_Amir_*

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Posted 24 January 2013 - 09:22 AM

As the previous poster stated, it is strongly suggested you consult with a local family law lawyer to advise you on this matter. For less than $13 month, Legal Street allows you to have access to experienced local attorneys to address your legal questions year-round and also get discounted legal representation if you need.

#4 pg1067

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Posted 24 January 2013 - 01:13 PM

What can i do to protect both me my son and my new wife and family? Do i have any legal action i can take? Should i seek a Family lawyer?


Nothing in your post suggests that your son, your new wife, nor your "family" require "protection" from anything.

You can, if you wish, take more aggressive action relating to collection of child support. You appear to be relying on a local enforcement authority for this. You also can, if you wish, seek to modify your existing parenting plan to limit your ex's visitation rights. Whether that is likely to happen isn't clear, but your post suggests a good possibility. What you may not do legally is withhold visitation because of non-payment of child support.

Yes, you would be wise to consult with a family law attorney about your options.




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