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khancock1477 · May 30, 2011, 01:00 AM

My ex wife owes me 3 yrs of childsupport, I don't approve of the living conditions when she visits, and I am wondering what my next step should be keeping my daughters best interest in mind, she loves her mom but her mom isn't trying to be a mom.

ScottGem · May 30, 2011, 03:49 AM

Next step in terms of what? Collecting support? Limiting visitation? What?

cdad · May 30, 2011, 07:09 AM

What state is this in? Has she said why she is not paying support?

khancock1477 · May 31, 2011, 11:21 AM

I was thinking I should take her back to court for contempt, and take away the overnight visitation. Just wondering if I would or should have a lawyer for it or not.

It is in Ga, and my ex has lived with her mother since the divorce and will not get a job. She says I don't need the money.

ScottGem · May 31, 2011, 12:15 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Second, since this is GA, you can file for abandonment, which is basically the same as not paying support. As for limitinf visitation, that is totally separate. To limit visits you have to prove the visits are a danger to your child.

So yes, you need an attorney to tell you what to file and how.

AK lawyer · May 31, 2011, 01:30 PM

Originally Posted by khancock1477

I was thinking I should take her back to court for contempt, and take away the overnight visitation. Just wondering if I would or should have a lawyer for it or not.
...

Contempt would be one thing to ask for. She has the duty to do everything she can to find a job, and if she isn't trying hard enough she could be held in contempt.

Don't unilaterally take away the overnight. Ask the court to change the visitation schedule.

A lawyer would be helpful of course. At least consult with a lawyer to see whether you need his/her services.

khancock1477 · May 31, 2011, 11:55 PM

Ok, I see where you are coming from. Like any other divorce there is the drama, I try to overlook but my ex is impossible. I have the final legal say so over my daughter, my ex has complied with nothing the court has ordered,and now has put my daughters health in danger. I think I will take my chances pulling any extended stays until my ex can provide proper living arrangements and clear the active mold out of the trailer they are living in. I do appreciate your help.

ScottGem · Jun 1, 2011, 03:19 AM

Originally Posted by khancock1477

I think I will take my chances pulling any extended stays until my ex can provide proper living arrangements and clear the active mold out of the trailer they are living in. I do appreciate your help.

You can't, arbitrarily, refuse anything a court has ordered. If he has visitation, you have to adhere to the court order. If you can prove there is a mold condition, then you go to court and file an emergency motion to suspend visitation until it is cleared. Once you file the motion you may be able to hold off until its ruled on. But, if you defy the court order, you are playing into her hands.