Q: I have custody of my son. I am trying to get child support from my ex-wife. i got a dui in January and am on diversion.
no one was with me in the car when i got the dui. my ex says she is going to use that against me. will that effect anything?
A: The DUII alone does not prove you are incapable of properly parenting your son and it is to your credit that your son was not with you at the time. However it may be an indication of an alcohol problem that could interfere with you judgment as a parent. No one is going to be able to analyze this based on a short description posted on the internet. You really need to talk about this privately with you own attorney in their office. Do not discuss this further in the publicly visible internet.
Vincent J. Bernabei agrees with this answer
A: As usual, Joanne's answer is correct. Since your email indicates you already have custody pursuant to a court order and you are now trying to obtain child support, the DUII will have no impact on the child support issue. If your former spouse files a motion to modify custody or parenting time, then your DUII will be relevant evidence in determining the best interests of the child. Even more relevant will be your efforts during diversion. For your and your child's well being, and perhaps for your former spouse's peace of mind, you want your treatment supervisor to report that you went above and beyond the minimum requirements.
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