In our custody papers for our 4 year old daughter we had it state that "neither parent will consume any alcoholic beverages while the minor child is in their physical custody." But, I know he has been drinking when he has her so what can I do to prove this? And once it is proved, what happens? Also, he hasn't paid child support for over a year and I know he's been working at a local bar and getting paid cash, so how do I go about proving that too?
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Breaking The Custody Order
- Thread Starter nuggers86
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Proserpina
Moderator
What will happen depends on why the clause was put in there to begin with.
For example, if he has several DUIs, you can probably (assuming you have actual proof to take to the court) request supervised visitation. If it's just standard language, then he'll likely get a smack on the wrist to begin with.
With regards to child support, unless you feel like hiring a PI, there's often not a whole lot you can do except file for contempt for non-payment.
For example, if he has several DUIs, you can probably (assuming you have actual proof to take to the court) request supervised visitation. If it's just standard language, then he'll likely get a smack on the wrist to begin with.
With regards to child support, unless you feel like hiring a PI, there's often not a whole lot you can do except file for contempt for non-payment.
Thank you! I had it put in the papers because when we were together he was an abusive alcoholic. He does have DUIs, I had an order of protection against him, and just last year he totaled his vehicle in a drunk driving incident. So as long as I can prove that he does drink when he has her then I've got a pretty good leg to stand on right? What if I prove that he gets paid cash for working? Would they do anything or would that be a waste of time? Either way, I REALLY appreciate your help. At least now I have SOMETHING to go off of. Thank you.
Proserpina
Moderator
You've still got to be careful in withholding visitation - if, for example, he drives over and appears to have been drinking you can call the police. That at least would give you some back up if he decided to be a twit and take you to court.
Proving that he's drinking might be difficult. Your 4 year old's words, for example, are not going to be reliable.
Proving that he's working for cash is going to - generally - be even more difficult. Even if you can prove it, all that will happen is that the child support order MIGHT be amended to reflect what he's currently earning...but if he's determined not to pay, he's just not going to pay.
Unfortunately some parents are complete deadbeats and will quite literally do anything to avoid paying child support.
Proving that he's drinking might be difficult. Your 4 year old's words, for example, are not going to be reliable.
Proving that he's working for cash is going to - generally - be even more difficult. Even if you can prove it, all that will happen is that the child support order MIGHT be amended to reflect what he's currently earning...but if he's determined not to pay, he's just not going to pay.
Unfortunately some parents are complete deadbeats and will quite literally do anything to avoid paying child support.
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