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Me2010 · Jun 5, 2010, 01:35 PM

Child Support to unfit parent

Me2010 · Jun 5, 2010, 01:39 PM

Sorry the whole thing didn't post. Here is the whole thing. Also we live in Mississippi.

I would like to know what I can do. Any relative laws that could help me. I was ordered to pay child support on 2 children. One child was taken away but DHS want to charge me the same amount when it was supposed to be for two. On top of that I have paid very little child support because the ex is an addict/dealer. The ex has been arrested multiple times for drugs. I have also had the exs family call to tell me on 2 separate occasions that the money I had just sent was all spent on drugs (once it was over 5K and the other time it was 2300). I have other children at home. I don't have a problem supporting my child. I do have a problem supporting the drug habit while it is taking away from my children here to do so. This has been going on for years. I have no drivers license because of the child support. What can I do? I have an attorney I am just looking for second opinions.

Clough · Jun 5, 2010, 01:41 PM

Hi, Me2010!

You're still within the time frame where you can edit your original post if you want to. I just wanted to let you know about that.

Thanks!

Me2010 · Jun 5, 2010, 01:44 PM

Thank you I didn't see a delete option etc..

ScottGem · Jun 5, 2010, 01:50 PM

This does not make a lot of sense. Child support is supposed to go to the custodial parent for support of the child. If the ex is as you described, why was only one child taken away? Why are you not taking custody of that child? Why have you, apparently, been in arrears of your support payments?

The way I see it from what you posted, your ex got custody and you were ordered to pay support. You have not made your payments on a timely basis, thereby getting into arrears. DHS took one child, but did not give that child to you.

Given this analysis of what you posted, I believe the reason they are still charging for 2 children is to make up the arrears.

What you should have done, the first time the ex was arrested for drug issues is to petition the court for custody. If the ex was arrested as you say, it should have been a no brainer for the court to award you custody. You may have still had to make up the arrears, but no future support.

That is what you should do now (petition for custody). But since you did not do it when you should, that may be an issue. What does your attorney advise?

Me2010 · Jun 5, 2010, 02:17 PM

No no. I gave the ex custody under the assumption (I was 22 and had never dealt with any thing like this) that I could turn right back around and get custody right back. I had a shoddy attorney that didn't inform me of the risks and how much it would cost to try this. The one child that I speak of never lived with the ex after we were divorced. Custody was taken of said child not by the state but by my mother and I because she had always lived with us.

ScottGem · Jun 5, 2010, 02:21 PM

That only deals with some of the issues I raised. If you want our help, you need to give us a full picture.

Me2010 · Jun 5, 2010, 02:26 PM

I am also petitioning for custody. The first time the ex was put in jail I didn't have the money to hire an attorney so I went to the free legal help department and asked for help and was told it would not be in the interest of the community to help me seeing as the minor was in a different county. That is why this has not already been done. I now have an attorney and I am going for custody of our son.

What I want to know is what can I do now about the arrears they say I owe but I only owe 1/2 of that and considering the exs arrest record etc... what I can do so if I end up having to pay the other 1/2 of the arrears to ensure the money isn't spent on drugs OR if there is a law that would support non payment of a criminal custodial parent? As I stated I have no problem with supporting my child. I do however have issue giving my earning to an addict/dealer.

Me2010 · Jun 5, 2010, 02:30 PM

My attorney says it should be no problem getting custody of our son. He says the tricky part is the support but given the exs history that it's a good chance it will be dropped but then again he says it could go the other way too. I have never been to jail in my life I want to research all the possible laws I can find on this so help where I can.

That is why I am not asking questions about custody because my attorney thinks that part is an open and shut case.

Me2010 · Jun 5, 2010, 02:31 PM

I am trying to tell you all I know. What out of all of that didn't cover your issues?

cdad · Jun 5, 2010, 04:25 PM

Here is what you do. When you get custody of your child get a support order also. Then have the support that is owed now to you to be credited to your arrears. So long as that type of order is in place your life should start becoming normal again. Also your license should be returned to you under those conditions.

ScottGem · Jun 5, 2010, 04:46 PM

Ok so that explains the custody issues. Though I think you could have been more proactive in this.

I agree with CalifDad, but you need to continue paying while you pursue the order for change. You never explained how you got in arrears in the first place. It must be pretty bad to have been pretty bad to lose your license.