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    I need to find free legal help. I am divorced. I had custody of my daughter until my ex-husband lied and said that I abandoned her when he had her for his summer visitation. He has since moved her out of state...denying me my visitation or phone calls. He has remarried and turned her completely against me. I am ordered to pay child support and I am currently doing so. I am struggling to take care of my other child because they are taking so much out of my check. I need advice on what to do to get it modified...which I received a letter saying I was "eligible" to do so...or just terminate my rights. He has her away from me which is what he wanted all along. She refuses to even talk to me now...Please help me!

  • #2
    Re: Searching for Answers

    I wish to inform you that you can reduce your child support based upon material change in circumstance. In this regard you will have to show that circumstance have changed and that child support must reduce because of material change in circumstance. You may further your hardship as additional argument for reduction of child support. If father has moved child to another state without your or court approval then charges for parental kidnapping can be filed.

    AFF

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    • #3
      Re: Searching for Answers

      Originally posted by l3abyl3lues View Post
      I need to find free legal help. I am divorced. I had custody of my daughter until my ex-husband lied and said that I abandoned her when he had her for his summer visitation. He has since moved her out of state...denying me my visitation or phone calls. He has remarried and turned her completely against me. I am ordered to pay child support and I am currently doing so. I am struggling to take care of my other child because they are taking so much out of my check. I need advice on what to do to get it modified...which I received a letter saying I was "eligible" to do so...or just terminate my rights. He has her away from me which is what he wanted all along. She refuses to even talk to me now...Please help me!
      There are several issues you have; one is alienation by the custodial parent and the other is your support obligation.

      If you have a visitation order, he is violating that as well by denying you all access. Time is critical in situations like this -- to move immediately when a parent contemns a court order. The move out of state, was that approved by the court? How long has the situation of alienating existed?

      In order to modify support, you need to make a motion in the trial court for "change of circumstances." At that time financial affidavits will be required from both parties.

      The only one who can help is the judge who hears your motion.

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      • #4
        Re: Searching for Answers

        Apparently there has already been court actions whereby he gained custody and a support order. You need to appear before this court with evidence as to your version of events.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

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