QUESTION
Can I get child support without visitation when my divorce papers said that both were reserved?
Asked on Oct 16th, 2012 on Divorce - Pennsylvania
More details to this question:
The divorce has been final for almost 2 yrs. I have allowed the father to have visitation however he is not helping to support the children in any way.
21 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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File to modify the judgment.
Answered on Oct 23rd, 2012 at 6:50 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes file a motion for child support with the Court that Originally granted your divorce.
Answered on Oct 18th, 2012 at 11:43 AM
Support and visitation are separate and the payment or exercise of one does not affect the other. Yes, you cab bring a motion to obtain support. You should consult a family law attorney or facilitator to assist you.
Answered on Oct 18th, 2012 at 11:43 AM
You file a request for child support (if there was no order regarding child support). If there is a zero child support order in place, you can request a modification of child support. Good Luck.
Answered on Oct 18th, 2012 at 11:43 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Unless the father is totally disabled he should be helping support his kids.
Answered on Oct 18th, 2012 at 11:42 AM
2 Awards
Yes, but please talk to a lawyer about this.
Answered on Oct 18th, 2012 at 11:23 AM
Steven D. Dunnings
File a motion for support.
Answered on Oct 18th, 2012 at 11:17 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Make a motion for child support. It has not been ordered yet.
Answered on Oct 18th, 2012 at 7:04 AM
I would suggest you go back to Court and ask the Judge for and Order for child support or, in the alternative, you and your ex can agree to Mediation and try to settle the matter out of Court. Mediation is Fast, Effective and Affordable. Good luck.
Answered on Oct 18th, 2012 at 6:56 AM
You don't really need to create an order for visitation when going for child support. However, the court when fixing child support will need to know how much the father is seeing the child. The more the father sees the child the lower his child support obligation will be.
Answered on Oct 18th, 2012 at 6:46 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to file for child support. Support is based on both parents' income and the time each spend with the children. Child support is based on mandatory guidelines that the court must follow.
Answered on Oct 18th, 2012 at 6:44 AM
1 Award
They were reserved so you could pursue such at a later later. You can file a motion requesting that child support be set.
Answered on Oct 18th, 2012 at 6:01 AM
Tamara Marie Chin
Visitation and support are separate issues.
Answered on Oct 18th, 2012 at 6:00 AM
Yes. It will come down to requesting the court in persuasive fashion in order to convince the Judge that those issues are ripe for review and need to be decided.
Answered on Oct 18th, 2012 at 5:56 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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Yes. File a motion asking the judge to determine the Father's child support obligation.
Answered on Oct 17th, 2012 at 9:19 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Child support and a parenting plan can not be reserved with a final decree, unless there is a specific event that needs to take place before either of these orders are entered. The decree would spell out what such an event would be. Each of you has a duty of support and each of you has equal rights to the children so it's not a matter of you allowing the father to have visitation. It is his by right unless it is limited for cause, by the court.
Answered on Oct 17th, 2012 at 9:17 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes unless the non-custodial parent raises it as an issue in a pleading, or possibly just in open court if he is self-represented. Unless the non-custodial parent will cause harm to the children, i.e. is an alcoholic or child abuser, he/she will probably be granted visitation.
Answered on Oct 16th, 2012 at 7:11 PM
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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There are two ways to go about getting child support: administratively (through DCS) or judicially (through the court). Either way, the father would have the right to request a modification of the parenting plan that includes visitation, which the court will order unless there are restrictions allowable by law (any type of behavior that is inconsistent with the best interests of the children, such as drug/alcohol problems, abuse, abandonment, etc.).
Answered on Oct 16th, 2012 at 7:10 PM
You can file a request for child support at anytime until the child is 18 (19 if still in high school) You will not get any back support until you file a request for it. Most counties have a department of child support services which can help you for free with a child support claim.
Answered on Oct 16th, 2012 at 7:09 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Custody, child support and divorce are all unrelated and not conditioned one upon the other. You should consult with and retain an attorney.
Answered on Oct 16th, 2012 at 7:08 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The answer to your question has to start with a review of the divorce decree and the terms of whatever parenting plan was established at that time. If it doesn't answer your questions, you will need to go back to the court and ask for a modification that establishes child support. Parenting time with the father (what is called visitation in some states) in Colorado is totally separate and independent of child support. His rights to have time with the child do not depend on whether he pays child support or not and his obligation to pay child support does not depend on having time with the children.
Answered on Oct 16th, 2012 at 7:08 PM