Fathers sometimes want custody, so they don’t have to pay child support. In many cases, this is just a stalling tactic, and the father has no intention of taking care of the child. In this situation, you need to be ready to take action.
Father Wants Custody to Avoid Child Support?
Suppose your ex-husband wants custody of your child solely to avoid paying child support. In this situation, you should be prepared to take legal action. You may need to hire a lawyer to help you prove that your ex-husband is only interested in avoiding child support and that he is not fit to have custody of your child.
If you prove that your ex-husband only wants custody to avoid paying child support, the court may order him to pay child support anyway. Sometimes, the court may call your ex-husband to pay your legal fees.
How to Prove That Your Ex-Husband Wants Custody to Avoid Child Support
If you are in a situation where your ex-husband wants custody solely to avoid paying child support, you will need to hire a lawyer to help you with your case.
You will need to gather evidence to prove that your ex-husband is only interested in avoiding child support and that he is not fit to have custody of your child.
Some of the evidence you may need to collect includes:
- Your ex-husband’s financial records, including bank statements and tax returns.
- Any correspondence between you and your ex-husband regarding child custody and child support.
- Any court orders or agreements relating to child custody and child support.
- Witnesses who can testify as to your ex-husband’s character and parenting abilities.
This evidence can be used to convince the court that your ex-husband is only interested in avoiding child support and that he is not fit to have custody of your child.
If you successfully convince the court to order your ex-husband to pay child support.
How Does the Law Treat Child Custody?
The law recognizes that children need both a mother and a father in their lives. Therefore, the law generally favors joint custody arrangements, where both parents share custody of the child.
However, there is a condition where one parent may be granted sole custody of a child. This can happen if the other parent is deemed unfit to have control or if there is a history of domestic violence.
In most cases, the court will mandate joint custody, even if one parent objects. The court will only order sole custody if there is an excellent reason to do so.
If you are in a condition where your ex-husband wants custody solely to avoid paying child support, you may be able to convince the court to order him to pay child support anyway. You will require a lawyer to help you with this, as it can be a complex legal issue.
What is the consequence of Avoiding Child Support?
The consequences of avoiding child support can be severe. If you are in contempt of court, you may be fined or jailed. Sometimes, your wages may be garnished, or your property may be seized.
If you are found to have intentionally avoided paying child support, you may be charged with a crime. The punishments for this crime can include a fine, jail time, or both.
Final Words
If your ex-husband wants custody of your child solely to avoid paying child support, you may be able to take legal action. You will need to hire a lawyer to help you with this, as it can be a complex legal issue. If you successfully convince the court to order your ex-husband to pay child support, he may also be required to pay your legal fees.
Elena graduated from Loyola Law School in Los Angeles. While in law school, she interned for the ACLU of Southern California. After graduation, Elena worked as a civil rights attorney for the ACLU of Northern California. She has experience in a variety of legal fields, including family law, personal injury, and criminal defense.
She is passionate about fighting for the rights of all people. She believes that everyone deserves to be treated fairly and with respect. All the possible efforts are being done by her to ensure that everyone has access to justice.