Child Support versus Parental Support

On April 15,  2014 Notice of Motion and Motion for Contempt was initiated by Assistant Stearns County Attorney Kirsten A. Simonds in the MN child support case 73-FA-11-5619. This Expedited Process requested the court issue an Order for the following:

“1. Holding Dustin Brock Metcalfe in contempt of court and sentencing Dustin Brock Metcalfe to jail pursuant to Minnesota Statutes, section 518A.72 and chapter 588 for failure to comply with an order made in these proceedings and filed 7/25/2011, for reason(s) listed below […]”

“2. Failure to pay:

• Dustin Brock Metcalfe failed to pay the full amount of Basic Support as Ordered.” (Arrears of $1,107)

“3. Failure to report:

• Dustin Brock Metcalfe failed to report a change of address or a source of income as ordered.” (There were no changes that occurred)

“4. Other:

Granting such other further relief as the court deems just and equitable.”

This Expedited Process was not listed on the register of actions until 6/4/2014 and was not served until 5/25/2014.

On 4/28/2014 a payment agreement was initiated by Lisa Popp of Stearns County Child Support. He signed and faxed it in 5/5/2014. This agreement stated the following:

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Between 7/25/2011 and 4/15/2014 Dustin spent $10,000 on supervised visitation. He did 53 supervised visits between 8/12/2012 and 9/15/2013 based on no reason other than that was what she wanted and she got the court to grant it. Before that he had 35 Supervised visits from 3/5/2011 to 7/15/2011 spending $5,000. In the time between his son’s kidnapping by “her” on April 27, 2010 and the periods of supervised visitation he didn’t have any contact with his son. Despite fighting in court to do so.

During this time Dustin lost the following jobs:

Sales Executive at a large home remodeling company. Despite indicating to the court that most of his appointments were in the evening and on weekends they honored the schedule “she” chose. Evenings and weekends. Eventually he had to miss so many appointments that they could no longer provide him leads. This was also a purely commission job so he lost thousands not being to take many of the leads he was given.

Financial Advisor at a Major Financial Institution. 24 hours prior to starting and after weeks of interviews and tests his offer was rescinded. Due to his conviction which was based on false allegations and a Not Guilty verdict.

Sales Executive at a well known paving company. Child support was withdrawn from his pay. No reason at the time. We later found out that someone in a position of government power allegedly contacted them.

Also between July 2012 and June 2013 child support payment stubs were never received. When the child support office was contacted they hung up on him. His address has never changed.

He chose parenting time over child support. Child support is set at $50 per month versus the $90+ per week that it cost him in supervised visitation fees.

Now after paying up the arrears and planning for ongoing monthly payments, despite not seeing Griffin for 299 days as of the date of this posting, the court is now requiring more supervised visits at a cost of $90, every other week or $180 per month or 30% more than the monthly child support fee.

What would you choose? See your son in a facility at supervised visits that are not warranted or pay child support. This time unfortunately child support has to take priority. Fighting contempt is more costly. What a horrible option to be forced to take. Why not regular unsupervised parenting time AND child support. Both are possible and both are logical.