Should a Very Young Child Give Preference Testimony?

    Professional basketball player, Chris Bosh, has been in a custody battle over his young year old daughter with the child’s mother, Allison Mathis.  Apparently Mathis is requesting that their daughter, Trinity, (either four or five years old), testify in court. 

http://cocoafab.com/uh-oh-chris-boshs-baby-mother-seeks-to-have-their-child-testify-in-custody-battle/

http://madamenoire.com/444759/5-year-old-to-testify-in-chris-bosh-child-custody-trial/

    Calling a child to be a witness as to their custodial preferences is always a risk.  Judges, at least in Los Angeles County, disfavor it.  It’s the Judges discretion whether to allow it, but there would generally need to be a fairly compelling reason if the child is under the age of 14.  Judges are not mental health professionals.  Since there are a number of different methods of obtaining a child’s preferences or input which does not involve his/her direct testimony in court, such as a custody evaluation, a parenting plan assessment (in Los Angeles County), or minor’s counsel, judges are typically reluctant to meet with children.  The younger the child, the more unlikely it will be that the judge will want to speak with her/him. 

    It is unclear with Mathis wanted her four/five year daughter to testify to and I don’t know the rules as to minor’s testimony in Florida.  In California, at least in Los Angeles County, I would be surprised if a judge would want to speak to a four/five year old directly.  Also, I would caution against even making this request for a child that is this age unless there are extenuating circumstances because it may reflect poorly to a judge who’s primary objective is to determine the child’s best interest.

Update on Failure to Make Child Support Payments

    An update on my previous blog from last week (July 1)!  Apparently, Houston resident, Clifford Hall, who was jailed for failing to pay child support has been released after one week.  Hall’s wages were being withheld to pay the child support but, due to some type of clerical error by his employer, the wages were improperly withheld or not being paid to the mother.  He is current and has paid $1,000 extra but was still sentenced to six months in jail due to the existing Texas law.    

    He is now released after serving one week and has set up visitation with his son.  

http://www.chron.com/news/houston-texas/houston/article/Man-jailed-for-failure-to-pay-child-support-to-be-5596990.php

"Grey" Divorce and Retirement Plans

From today's New York Times

Failure to Make Child Support Payments

    Clifford Hall from Houston, Texas was sentenced to six months in jail for failure to pay his child support.  He fell behind and owed more than $3,000 in child support.  His wages were garnished but his company failed to submit the money to the court for his ex-wife to collect.  Hall has become current plus an extra $1,000 but could not avoid facing jail time based on a Texas law. 

http://www.click2houston.com/news/dad-begins-jail-sentence-in-complicated-child-support-case/26639554
 
    When making support payments (spousal or child), make sure that you have proof of payment.  If you are making the payments directly to the other person, then keep good records of your checks or bank statements showing payment.  This can also be helpful in the future if the other party claims that you failed to make payments.  If you can’t prove that you made the payments, then you probably won’t get credit for them.   Failure to pay child support can lead to a number of unpleasant consequences ranging from suspension of your driver’s license to jail time.