Child Visitation and Contempt of Court

My child is 17 y.o; whose dad has not been consistent with his child visitations (every other weekend). In previous years he has shown up at my home unannounced, or no one was home. Nevertheless, he used this against me in court, stating that I refused to allow him visitation. I told the judge this was not true.

The judge not only gave him the 10% visitation, but his attorney asked that he be allowed to claim child this year. Child support payments were increased, however. I was fine with the outcome; I didn’t have an attorney to defend me so I accepted). Now, I received a notice in the mail; he’s taking me back to court because he got fired from his job of 30 years. I believe, to get child support reduced.

What can I do to protect our child? I’m going to file the Child Visitation and Contempt of Court. My son still needs support from both parents.

[tbyte]

I'm not sure what you are so worried about.
Your child is 17. By the time any court actions are resolved he will be past the point where he is owed support anyway.

The judge gave him 10% visitation. That is about the least amount of visitation I've seen granted. Are you begrudging him any time with his child?

Child support payments were increased. Nothing to complain about there, I assume.

He got fired from his job. So what? Child support is based upon potential income, not actual income, so he may get a temporary reduction at the most.

You are going to file "the Child Visitation and Contempt of Court". For what? I don't see that you have any cause to file anything right now, and I don't see how you are going to gain anything from filing.

[tbyte]

And by the way, if he was coming to your house for court ordered visitation then he does not need to "announce" it first, and if you and his child were not home then YOU would be in contempt of court.
I don't know all the details of your court order or what his visitation schedule was, but you should check the fine print of your court orders before you start making waves.

His court-orderd visitations are every other week, Friday 6pm-Sunday 6pm. He's not showed up for his visations since 2001. He told the court he did drop by 8 times last year but we werent home. Thereby, telling the judge I refused him visitation.

If I understand you correctly, you think I should just leave it be? I'm the only one taking parental responsiblity here. It's difficult, but since I love my child, I will provide for him no matter what.

My child will be attending a 4-year college. I believe he has to pay child support until then.

Originally Posted by tbyte

I'm not sure what you are so worried about.
Your child is 17. By the time any court actions are resolved he will be past the point where he is owed support anyway.

The judge gave him 10% visitation. That is about the least amount of visitation I've seen granted. Are you begrudging him any time with his child?

Child support payments were increased. Nothing to complain about there, I assume.

He got fired from his job. So what? Child support is based upon potential income, not actual income, so he may get a temporary reduction at the most.

You are going to file "the Child Visitation and Contempt of Court". For what? I don't see that you have any cause to file anything right now, and I don't see how you are going to gain anything from filing.

[tbyte]

Check the laws of your State and the fine print of the current court orders to determine whether the father is on the hook while the child attends college. This varies from State to State.