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rea123
Apr 5, 2006, 11:47 AM
I have 3 kids 2 with my ex wife and 1 with another woman... I pay 750 a month for child support... The one child I have with the other woman I have a paper from courts saying I have visitation rights but when I go to see the child they call the cops and I get escorted off the property... What should I do about that? Plus the child support is real high and I run my own business working on cars which I drive around everywhere and the state keeps threatening to take away my license which is my business without my license I can't work... If I don't pay child support I will go to jail and license will be gone...

CaptainForest
Apr 5, 2006, 11:53 AM
We are not lawyers here and from the sounds of it, there are a lot more details to your case that need to come out.

My best advice would be to contact a lawyer who could help you.

For starters, if you have visitation rights, perhaps you should go to the court to get them enforced.

As I said before, not enough information, best advice would be for you to see a lawyer.

Fr_Chuck
Apr 5, 2006, 07:23 PM
If she is not letting you see the kids, you will have to take her back to court (divorce court) and attempt to get her held in contempt for not allowing you the visitation.

Of course the visits have to be according to the rules of the court.

If the payments are too high, you can petition the court for reduced payment if there is cause ( if that is not the min set by your state)

Normally if you pay the support and are not behind, it is when you are behind in child support they won't let you see the kids.

And yes if you don't pay you will lose your license.

And lastly if you are driving your clients cars around everywhere I am glad you are not working on my car, I don't expcet my mechanic to take if very far ( I even check the milage meter) when they are working on my car.

fredg
Apr 6, 2006, 05:05 AM
Hi, rea,
I am not a Lawyer, nor a Professional in this area. But, have been through a divorce myself, many years ago. Then 3 yrs later, married again to a wonderful woman who had also been through a divorce, but with many, many more "ex problems" than I.
You really need a lawyer, and follow his/her advice. Do you pay child support, on time, with the other woman with the 1 child? If so, you have a legal right to see the child. Please get a lawyer.

ScottGem
Apr 6, 2006, 05:59 AM
The previous answers have all been good, basically you need to talk to your lawyer. But frankly, something doesn't ring true here. If you have visitation rights you should have a court order detailing those rights. If you show up and they call the police, all you need to do is show them the court order. The police should then force your ex to obey that order rather than escort you off the property. So I suspect there is something you are not telling us.

As for the child support, $750/mth does not seem too high. If its more than you can afford, then you need to talk to your lawyer so he can petition the court for changes. Its really a Catch 22 here. If you don't pay, you go to jail and/or lose your license so you can't earn money so you can't pay. But there is nothing anyone here can do to help you. Only your attorney can truly help.

fredg
Apr 6, 2006, 06:05 AM
Hi, Rea,
I fully disagree with part of the answer before this one.
"But there is nothing anyone here can do to help you". That statement is not true.
We can help, as we have, in pointing out that you really need a lawyer. Also, that not paying child support can lead to losing a license, and possibly jail.

Fr_Chuck
Apr 6, 2006, 06:21 AM
Sorry Scott it don't work that way, if you are on her property and she calls the police they escort you off or arrest you and put you in jail. The court order merely says she should, but a civil court order is not inforcable by the police ( a civil matter)

Ie I sat in a TX jail for a few hours on that one personally. I lived in MO, and drove to TX to pick up my boys I had not seen for 6 months, as soon as I drove into her drive she must have called the police, my court order was laughed at by the police.

The police will not force her to let you see your kids.

fredg
Apr 6, 2006, 06:29 AM
HI,
I do agree with the answer before this one, about the Police will not enforce any Divorce or Separation Agreement shown on the property, while they are there on a call.
Similar situation with my wife's ex husband proved this, in the State of VA.
The Police did tell us they needed a warrant, or other similar complaint before they could act. They cannot interpret Divorce Agreements. That is the lawyer's job, and the Court.

ScottGem
Apr 6, 2006, 07:10 AM
Chuck,
I'd like to see someone more knowledgeable then either of us comment on this. As far as I know, police can and have been called to help enforce such agreements. It may vary from area to area. If, however, the ex is denying the terms of the court order, he should be able to go back to the court and have her held in contempt.

Fred, Your answers agree that this person needs to talk to their attorney.I'm just saying the same thing. We can offer suggestions, personal experience etc. But the bottom line, is the court is the only entity that can change anything and that means talking to the attorney.

rea123
Apr 7, 2006, 11:38 AM
Well thanks for your help and suggestions on my kids... I do pay all my child support I was behind some but caught up... I did take my ex to court about seeing my kid and they said that she should let me see my daughter but they can't make her... I've already put a lot into the courts on fighting both my ex wife and my ex girlfriend and really ain't getting anywhere... As for the working on cars and driving I meant that I drive to the places and work on cars... Not drive the cars around that I work on... I go to where ever u are and work on u're car...

ScottGem
Apr 7, 2006, 11:59 AM
I'm bothered by the court's telling you they can't make her allow you visitation. If the court is ordering visitation rights, then for her to deny you those rights seems to be contempt of court. And a court should have the right to impose that and have her arrested for it.

s_cianci
Apr 8, 2006, 06:18 PM
Are your support payments current? If so then there should be no problem. If not, then you should contact whatever agency in your state handles child support collection and make arrangements to pay the arrearages as well as make your current payments in a timely and regular manner. Otherwise you do run the risk of losing your license, having liens placed against your assets and, worse case scenario, going to jail. As for not being permitted to visit with the child you have with the "other woman" despite a court order, you should contact the court that issued the visitation order and request a hearing to report her violation of the court order and ask the court to enforce it with some provision that prevents the authorities from escorting you off the property when exercising your court-ordered visitation rights. Not paying child support is not grounds for denying visitation.

pwillett06
Apr 8, 2006, 09:07 PM
First off, child support has nothing to do with visitation. In my state support offices do not take away visitation for non payment and neither do the courts. Also in my state if you have a legal court order for visitation and are refused at anytime it can and will be enforced by police officers and the person refusing will go to jail for contempt. If you are escorted off the property for another reason, possibly from another court order, then you may need to find another place to pick the children up. This can be arranged through the courts and she would have no reason for not letting you have the children. Child support is set to a percentage of your income a month. In my state it is 28% of your monthly income. I received $512.00 for one child. Since you have 3 children, 1 of which is by someone else, the percentage is used for each case regardless of how many cases you have (1 child, 2 children). Anyway, in my state it is. If you are current with support, you have nothing to worry about. From experience, it is very important that you stay in contact with your support agency and always let them know what your situation is as far as if your income changes or your situation changes. Cooperating with this agency is your best friend because they are extremely powerful. They have to follow the laws of collecting and my state is notorious for putting people in jail. Most states allow reviews of support orders through support agencies if one is requested. If your income goes up and down, you might want to request a review. These orders are not written in stone, they can be changed. Your agency should have the forms for reducing your payments and then they will present them to a judge. I am talking from experience from what I know my state does, hope this helps some.