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