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russnat2003 · Oct 30, 2008, 05:32 AM

If the father of my child lost his job and can't collect unemployment can he suspend child support until he finds another job? We live in Vermont and he just lost his job? What are my rights and what should I do?

Need lots of help

russnat2003 · Oct 30, 2008, 05:36 AM

I live in Vermont and My son lives in PA what should my visitation rights be? Right now nothing is written down on paper? Also if I want him every other Holiday and she says no where do I go from there?

Fr_Chuck · Oct 30, 2008, 06:19 AM

No he can not just "suspend" them, he can file a motion in court to have the amount he is paying reviewed due to change of income. Support amount is based on his income, so if he gets a much lower paying job, his payments can go down if he goes back to court

Normally there is a min, I know in several places the min is based on Min wage on 30 hours per week, so even if he is not working there will be some payment due, it may be a very little amount but there would be some due

****** BUT, if there is no formal child custody agreement, and there is no formal child support agreement, there is no reason beside moral reasons he has to pay any child support, except when you go to court you will end up owing all the back child support according to their figures,

If you are seperted and there is no formal agreement, she can just say no and until you go to court there is nothing you can do

ScottGem · Oct 30, 2008, 06:38 AM

Now this is confusing. In note #1 you speak of the "father of MY child" (emphasis mine). Yet in other posts, included #2 which was merged with #1, you say; "and SHE says no".

So what's the story here?

To answer question #1, the support payer has to go to the court to petition for a modification of the support order due to the changed circumstances. The court will then adjust the support according to state law. The custodial parent has little or no say here.

To answer the second question, Visitation rights are generally set by mutual agreement. They are then formalized by court order. If there is no court ordered schedule and the custodial parent is being difficult than the non-custodial parent has to petition the court to have a schedule setup.