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jfitz_21 · Nov 15, 2011, 01:21 AM

And I don't get to see my daughter she moved over 10 years ago I see her a couple times a year if I'm lucky she lives with her boyfriend and has for over 2 years she goes to school and works full time job her mom never ask to move over 380 miles away I went to pt office they would not help me out but make sure they still take out my support and now say I owe back support what can I do to stop it all and can make her do visits need help

ScottGem · Nov 15, 2011, 04:25 AM

When she moved, was there a visitation order in place?

Visitation and support are treated separately, so it doesn't matter that you don't have visitation, support is still required if a court order says it is. The opposite is also true, you are still entitled to visitation whether your support payments are being made or not.

However, the time to act was 10 years ago when she moved. If there was court ordered visitation and her move would not allow that visitation, you should have gone to court and asked for her to be found in contempt. The court might have been able to force her to return or change custody and make you the primary custodian. They are unlikely to do that after 10 years.

As for the support, how old is your daughter? What does your divorce decree say about when support ends? You said "she lives with her boyfriend" was this referring to your daughter or your ex? If she is no longer living at home and you can prove this, then support should have stopped. However, if you are in arrears, your ex is entitled to that money and can still collect it.

jfitz_21 · Nov 15, 2011, 06:19 AM

My daughter is 20 and she lives with her boy friend

ScottGem · Nov 15, 2011, 08:30 AM

When we ask for more info, you really need to answer all our questions. Your daughter's age and living arrangements are only one piece of the puzzle, we need to know what you child support order says about when support ends.

kcomissiong · Nov 16, 2011, 07:48 AM

If you daughter is an adult and not even living at home, how do you expect your ex to have control over visitation? Ask your daughter. She is an adult, and will make that choice for herself. It is too late to revisit the issue of visitation with a 20 year old. The time for that would have been after she moved ten years ago.

If you are current on support, revisit your support order, and what it says about when your obligation terminates. If you find that you are paying past when you are obligated to by your order, you may need to file a motion with the court so the collection of support stops. If you are in arrears, you will continue to pay until the debt is satisfied, regardless of the status of your daughter (adult, emancipated, living elsewhere, etc)

As a side note, we don't know your situation. All we know about it is what you tell us online. Please try your best to answer the questions that others ask of you so that they may give you the best advice.