by mate » Tue Jul 10, 2012 2:41 pm
Does not matter, they would not take the case as it would take too much time and expense. Legal Aid is not a government program, it is a non-profit association in which attorneys make donations so that newly enrolled attorneys can handle low income cases. The problem though is that starting five years ago, donations have dropped 60%. These days they are little more than a phone service.
As for child support and custody, they are separate issues, and arrears does not mean refusal to pay. You could have nailed him with retroactive child support when he did not know he had a child, or had been paying you, but without a court order, so it was classified as a gift. He also could have been unemployed, and did not know that the state provides free help to lower the support order.
What is important is what is in the child's best interest. If it is better for the child to be in the custody of the father, or for him to have Joint Physical Custody, that is more important than the child support. Also, fathers with sole custody can still be ordered to pay child support.