Q: We have proof of lots of visitation violations. Can she demand more child support in a contempt hearing?
Mother has refused visitation several times willfully and with no reason to be concerned for child's safety. Many false allegations thrown our way out of anger. Screaming and cussing when trying to communicate with her. We want to file for custody but cannot afford an attorney. Afraid that she will demand more child support despite her inability to comply with the father's visitation rights. Going to file custody based on mental instability, plethora of evidence proving her fluctuation in behavior, proof that what she says are lies, proof that she is pregnant and engaged again, threats from her to "beat my face unrecognizable" all showing that she is not providing the best care for the child etc.
A: First, you may most certainly file a contempt action against the Mother for her refusing visitation and threats against you. Second, you may also file a modification action against the Mother seeking to have custody and/or child support changed such that you will now be the primary custodian and the Mother will be obligated to pay you child support. Finally, yes, she can demand more child support IF: (a) you and/or the Mother's incomes have changed (i.e., your income went up or the Mother's income went down); or (b) if you (as the Father) have not been exercising all of your scheduled visitation with the minor child (although, if she is refusing to allow you to see your child, this would not be a reason to increase your child support obligation). Please contact a family law attorney in your area to discuss your rights/obligations; I know you said you do not have the money to afford an attorney, but these are VERY complicated and difficult cases and you should not represent yourself. You have a MUCH greater chance of getting the relief you desire if you have an attorney, and many attorneys are willing to work at greatly reduced rates (or even for free) to help people in situations like the one you are currently facing. Even if they charge you full price, it will still likely be cheaper than the amount of additional child support you may have to pay (and/or the damage the Mother is doing to your relationship with your child).
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