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need help!!!!!!

connorsmamma's picture

Submitted by connorsmamma on Tue, 12/10/2013 - 1:32pm

I have been married for 4 years and my son is now 6 years old and my sons father does not pay child support and just last month they contemped him for child support. My husband does not have a problem taking care of my son he wants to adopt him but can't because of this low life we deal with.. So can my husband sue him for what he has been spending on my son for the last several years to try to make him pay what he is suppose to or what can me or my husband do I am having to face contempt charges now because he is very mad he went to jail and thinks I did it but I didn't.. My husband does everything for my son but yet has no rights to him because of this dbd

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Patsy's picture

Submitted by Patsy on Tue, 12/10/2013 - 2:47pm

What benefit would your child have of your husband adopting him? No your husband can not sue him for his willing expenditures on your son. The state is going after him for support there is not much more that can be done on that side.

connorsmamma's picture

Submitted by connorsmamma on Tue, 12/10/2013 - 3:08pm

Cause we have a court order visitation that he gets my son every other Saturday 4 eight hours and this has been for 8 months now well we have been civil with each other for the last 8 months there was a couple times he did not show up @ 8 so we left he called us around 9 and said he accidently slept in so we told him next Saturday he can get him which was my Saturday and there were times when I couldn't show up so my husband called him and told him and he said that's fine as long as I give him my Saturday but now child support put him in contempt he thinks it was me so he spent 6 days in jail and had to pay $600 or 90 days so he paid and the 16th was his Saturday with my son but I couldn't make it so he was going to get him the next Saturday but we had court on the 19th and he went to jail and was in jail on the Saturday he was going to get my son so as soon as he got out he went and filed a contempt on me cause he is very mad he had to pay $600 to get out he called me and left me a nasty vm and I was served papers for a contempt he put on them that there has been 4 times I haven't let him see him and this and that all lies but he didn't mention nothing about us switching Saturdays of had to instead of having to go to court everytime which would make no since its very aggervating cause he hasn't missed anytime that was his with him he doesn't pay child support but as soon as he went to jail he found $600 fast and quick to try to throw me in jail im 6 months pregnant and very upset over all this bs

connorsmamma's picture

Submitted by connorsmamma on Tue, 12/10/2013 - 3:15pm

No I have not he gets him every other Saturday my husband takes him he is violent with me so I don't deal with him.. He gets along with my husband GREAT bit now he is just being vindictive

connorsmamma's picture

Submitted by connorsmamma on Tue, 12/10/2013 - 3:19pm

We meet at the police station so I think I'm going to have to talk to them and get the videos of my van there or see if someone can write down the times that they seen my van in the parking lot @ 8 in the morning and 4 pm every other Saturday so I can have proof of his lies

Patsy's picture

Submitted by Patsy on Tue, 12/10/2013 - 3:35pm

You have to document it all. Don't change the schedule. The court will see this is a just him getting back at you. IF you feel he is a danger to your son go to your county's court house and request an emergency temporary custody petition. Tell the clerk that you are seeking an immediate hearing, since this is an emergency situation. Some courts address emergency situations in between scheduled hearings that same day.