Can family court hold being two weeks behind on child support against me if my daughter wants to live with me?

Question

I recently lost a good paying job and was forced to take a temp job, because of this I am two weeks behind in my child support. I am currently making payments, but will unlikely be able to get caught up in the immediate future. In the mean time, my ex-wife and 14 year old daughter got into a physical altercation and the next day my ex-wife was arrested for a DUI. My daughter wants to come live with me, I know my ex-wife will fight it and bring up that I am two weeks behind in child support. To complicate matters I live in Jefferson County KY and my daughter lives in Washington County IN. The divorce, child support and custody are set up through the Jefferson County courts. I've been told I can file with the Jefferson County family court to modify the custody and will most likely get custody if my daughter tells the court she wants to live with me. My question is, since I am two weeks behind in child support ($90 a week), can the court hold this against me?

Answer 1

let me tell you that only being two weeks behind, the judge isn't going to be too upset. Since you had a job change, you should petition the court for reduced child support if they judge lets your daughter stay with her mom. Get a copy of the police report and any other evidence you have against her and USE it in court. The chances of getting custody are pretty high since your daughter is 14 and is old enough to chose where she wants to live. Most courts do not give payers a hard time for only being two weeks behind. It's when you get into over $5000.oo will they take a close look at your payments and why you are behing. I would definitly contact an attorney but your chances are pretty high.

Good luck ot you

Answer 2

Your best bet to take this matter to family court and settle the custody issue..two week only in being behind child support is not that bad..but the custody issue seems more important at this time

Answer 3

Yes they can.If you cannot keep up child support payments,they will be likely to think"if she cannot keep up child support payments, she won't be able to take care of her daughter."

Answer 4

It's hard to hold that against someone if they have been in contact with the child support office to let them know what's going on, that you're making payments, and the situation with your ex definitely helps your case. The fact that your daughter wants to live with you speaks in your favor too obviously. It doesn't sound like you'll have too much of a problem. Good luck! It takes a good man to be a great dad, and a girl really needs a great dad.

Answer 5

I think you need to notify the court immediately that you lost your job and what you are making now.  

Answer 6

It takes much more for a court to remove a child from custodial parent and place that child with the other parent than the child simply "wanting" to.  There has to be other reasons, such as physical/emotional abuse, a history of DUIs (not just one)and all of these have to be documented.  Children can not just go into court and say "I want" and then get what they want.  No court is set up that way. The judge will have to see all of the evidence presented, talk with both parents, talk with the child and make a detemination based upon what is best for the child, not what you want, not what your daughter wants.  Yes the child can go to court and make her wishes known but that doesn't mean they will come true.