Results 1 to 6 of 6
  1. #1

    Default Does Child Support End If You Are Forbidden to See Your Children

    My question involves child support in the State of: MA

    The short of this is currently there is order through DOR for CS, and the visitation is for every other weekend they see their dad. Children are ages 13 and 11.

    Last week my 13 year old daughter was in a car accident with her father, who was drinking and driving. My daughter was taken to the hospital after the accident where she told the drs and nurses along with the emt's that her dad had been drinking in the car with her and he was drunk. Police dropped the ball on this and he was not arrested at the scence, but a 51A report was filed at the hospital cause the staff smelled booze on him and he was slurring his words, and could not give information such as her birthday or his zip code. CPS has contacted me and they want to investigate, I also got an emergency court orderd that was approved that he have not contact with the kids until our court date next week. I am sure after the courts read the police report, see's my daughters texts and see the video she took ( which does not say he was drinking, but does state he was slurring speech, driving erratically and hit three days as he slammed into three cars at a red light along with many comments that could point to being drunk) Plus my daughter was brave enough that she took at 6 min video with her cell phone during the car ride before the accident, where you can hear him hitting a car, curbs, slurring his words and my daughter begging him to please stop the car and let her out) that his rights for visitation will be stopped until CPS finishes there investigation, where even after that I am not sure they are going to find the kids to be safe with him as there are many incidents in the past that have put the kids in harms way, with this being the worst by far.

    I do not feel he is going to fight me on this to see his kids, but I know he will fight to not have to pay support....my question is will the courts tell him that CS can stop since he can no longer see him? Or will CS still be effective even though he is to have no contact with them?

    Thanks in advance

  2. #2

    Default Re: If Father Looses Visitation and Contact Rights, Does Support Stop

    Quote Quoting momof2cherubs
    View Post
    Police dropped the ball on this and he was not arrested at the scence,
    Police typically try NOT to arrest at the scene if the subject is going to be transported or receiving medical treatment. While in custody, the state (ie YOU the taxpayer) get to pay his medical bills. If police wait until after release, then HE gets to pay his own medical bills. This isn't an oversight, it's usually a POLICY in most police agencies. If police are reasonably sure they can find him, there's no immediate NEED to make the arrest at that moment. Doesn't mean the arrest won't occur.

    but a 51A report was filed at the hospital cause the staff smelled booze on him and he was slurring his words, and could not give information such as her birthday or his zip code.
    Good. That'll be additional evidence that can be used against him.


    CPS has contacted me and they want to investigate,
    Good, that's right on track. Appears they were notified, as proper, by the hospital or police.


    I also got an emergency court orderd that was approved that he have not contact with the kids until our court date next week. I am sure after the courts read the police report, see's my daughters texts and see the video she took ( which does not say he was drinking, but does state he was slurring speech, driving erratically and hit three days as he slammed into three cars at a red light along with many comments that could point to being drunk) Plus my daughter was brave enough that she took at 6 min video with her cell phone during the car ride before the accident, where you can hear him hitting a car, curbs, slurring his words and my daughter begging him to please stop the car and let her out) that his rights for visitation will be stopped until CPS finishes there investigation,

    Stopped altogether? Maybe, maybe not. But absolutely grounds for any visitation to be supervised by a third party, such as at a visitation facility where it can be assured that dad would have no ability to attempt to leave with the child.


    there even after that I am not sure they are going to find the kids to be safe with him as there are many incidents in the past that have put the kids in harms way, with this being the worst by far.
    What have been the nature of past events that were reported to authorities, and what happened during those investigations?


    I do not feel he is going to fight me on this to see his kids, but I know he will fight to not have to pay support....my question is will the courts tell him that CS can stop since he can no longer see him?
    Nope. If his actions have made him too dangerous to enjoy visitation, that doesn't mean his children suddenly don't need to eat, have a home, etc. Visitation and support are two totally separate issues. If he looses visitation or gets it severely curtailed, it doesn't change his support obligation.


    Or will CS still be effective even though he is to have no contact with them?
    Yes, exactly. The courts are willing to curtail his rights to visit based on his irresponsible behavior, but won't take away the CHILD'S RIGHT to parental support.

    (Could you imagine the number of vehicles crashing at top speed into trees in this country if parents paying child support thought that getting a DUI or DUI related accident would stop child support? If things start to swing that way, don't walk but RUN to your stock broker and buy stocks in casket makers hand over fist.)

  3. #3

    Default Re: If Father Looses Visitation and Contact Rights, Does Support Stop

    Thank you very much for your lengthy response to my question.

    I might not have posted correctly about why I felt the police dropped the ball on not arresting him at the scence. Where I felt things were not done properly is he caused this crash, my daughter was the one transported, he refused medical treatment, and my daughter told the EMTs that her dad was drunk and was drinking in the car with her. We are going to the station tomorrow to get the police report and show the video she took of him driving and how drunk he was only 10 mins before the crash. I can't imagine he can be arrested a week or so later for that accident for a DUI?

    This is the second 51a report on him, the first one was screened out cause they spoke to him only and he admitted to spanking his kids but nothing more than that, which if they spoke to the school and theirs drs, they would have realized his spanking was much more. He is also very mean to
    them, telling my son to go F himself, or tell him not to be a girl, or act like a p-ssy... he was equally degrading to my daughter as well...he almost never had food in his house except for beer and wine, and canned food..basically just did not provide for the kids when they had to spends the weekend with him. These are all things I could not go to court with, Unfortunally it had to take something like this in order for me to go back to court in their best interest.

    I guess my last question is will my kids CS go up or down if he does not have visitation with them? And do I have a say in if he decides to wants to relinquish his parental rights so he does not have to support them?

    Thanks again

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: If Father Looses Visitation and Contact Rights, Does Support Stop

    Is your husband willing to adopt the children as part of a stepparent adoption?

  5. #5

    Default Re: If Father Looses Visitation and Contact Rights, Does Support Stop

    Quote Quoting Dogmatique
    View Post
    Is your husband willing to adopt the children as part of a stepparent adoption?
    I am not remarried, so this would not be an opition.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does Child Support End If You Are Forbidden to See Your Children

    Quote Quoting aardvarc
    View Post
    Police typically try NOT to arrest at the scene if the subject is going to be transported or receiving medical treatment. While in custody, the state (ie YOU the taxpayer) get to pay his medical bills. If police wait until after release, then HE gets to pay his own medical bills.
    If the police suspect drunk driving of a person who is receiving medical treatment, they will ordinarily find a way to preserve evidence such as a blood sample for later testing.
    Quote Quoting momof2cherubs
    View Post
    I can't imagine he can be arrested a week or so later for that accident for a DUI?
    It could happen. As intoxicated as it sounds like he was, I"m surprised the police didn't do more at the time. But I wasn't there and I expect their principal concern was your child's medical condition.
    Quote Quoting momof2cherubs
    I guess my last question is will my kids CS go up or down if he does not have visitation with them?
    No. The child support formula remains the same.
    Quote Quoting momof2cherubs
    And do I have a say in if he decides to wants to relinquish his parental rights so he does not have to support them?
    Payors don't get to simply walk away from their kids to avoid paying support.

    1. Sponsored Links
       

Similar Threads

  1. Termination of Support: Ex Wife Frauding Child Support, Obtained Support Order, then Abandoned Children
    By Brett Mickle in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 10-11-2011, 05:01 PM
  2. Establishing an Order: Child Support with Children Divided Between Us
    By ottoreload in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 08-23-2011, 12:08 PM
  3. Child Support for My Children
    By myrna in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-14-2011, 06:03 PM
  4. Child Support - Children Overseas
    By Eric22 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 12-23-2008, 10:49 PM
  5. Calculation of Support: Child Support for Families With a Lot of Children
    By agapelive in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 08-09-2008, 11:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources