Legal Question in Family Law in Kentucky
She hid the child now claims he failed to acknowledge her.
when he tried to contact her she immediatly had the number disconnected, So we waited and kept trying. Eventually she got another listed number and he tried to contact her again. Again, never spoke with her. Her phone number was immediately changed. We just received another letter from her attorney, saying he blatantly refused to pay support or acknowledge their daughter for years, and the he could be jailed for non-payment.
She knew where he was and how to contact him but did not do so? All attempts to contact her result in her hiding again. The letters she sent were to try to scare him off, because she did not want him in the picture.
1. If she blatantly refused to provide an address so that he could pay his support, where was he supposed to send it?
2. Her refusal to provide an address also resulted in his not knowing where to visit his child, so how can she now claim that he has refused to acknowledge his daughter for 13 years?
3. If we are able to track her down again what are his legal rights and responsibilities at this point?
4. Could she try to go back and adjust support payments retroactively?
5. Can he be jailed for non- payment?
1 Answer from Attorneys
Re: She hid the child now claims he failed to acknowledge her.
I am assuming the "he" in all of this is the father of the child. First things first - he can be held responsible for the unpaid support. That being said, if he is having all of this problem, then he needs to contact his attorney (or get one) and bring these issues up in court. If he has let this go, then the Court will presume that he intended to (1) not pay support, and (2) abandon his rights to visitation. The proper course to take is when you do not have a good address, then you go to Court and seek relief. This applies especially when visitation is concerned. I am, as will most Courts, assuming also that he has let others do his work for him since he is not sending this question in. He is going to have to take charge here and seek counsel. This problem has reached a stage where professional help is needed otherwise he can find himself in jail for failure to pay support. He needs to contact his divorce attorney or seek advice from another attorney. He can force her to give a good address and to abide by all visitation orders. It will not happen unless he pushes it. He will probably owe all support that he has not paid because of the bad address.
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