Legal Question in Family Law in Maine
Child Support
My fiancee owes child support to her daughter's father, but has been out of work for several months. I support her in the meantime, and when we have our weekend visitations with her daughter, the child lacks for nothing. The child's father knows of the situation, and is using her inability to pay child support as a reason to withold visitation, or alter the custody agreement. My fiancee's attorney says that child support and custody are mutually exclusive court orders, and that one does not affect the other. Is this true? Also, Even though my fiancee and I are not married yet, since I am supporting her, can the courts order me to pay her child support?
1 Answer from Attorneys
Re: Child Support
Support and visitation are mutually exclusive. If her ex were to seek enforcement of the support obligation, she could equally seek enforcement of the visitation order.
She should, however, be very concerned that the child support obligation should probably be modified immediately if she is no longer working. Her obligation is not retroactive; the child support due pursuant to the original order is due in that same amount every single week until she moves to modify it. Your fiancee could incur a substantial child support arrearage.
Lastly, the Court cannot order you to pay your fiancee's child support.
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