QUESTION
Can I stop my ex from seeing his son if he hasn’t paid his court ordered child support?
Asked on Feb 13th, 2013 on Child Custody - Wisconsin
More details to this question:
He has visitation court order twice a month. Can’t I stop that or do I still have to let him see him.
14 ANSWERS
No, you cannot violate the court-ordered visitation. If he is in violation of the support terms, you can take him back to court to enforce your order.
Answered on Feb 18th, 2013 at 11:31 PM
No you cannot do so. Parenting time and child support are two separate issues. You can without one because of the other. If he is not paying, you can file a motion with the court for nonpayment however.
Answered on Feb 18th, 2013 at 11:22 PM
Family Law Attorney serving Ridgeland, MS
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Thompson Law Firm, PLLC
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No. You will be in contempt if you do.
Answered on Feb 18th, 2013 at 11:12 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you violate the terms of a court order you face the risk of being held in contempt of court regardless of whether the father is current in payment of child support. The right to have two parents involved is the right of the child and you are not justified in punishing the child for actions of the other parent.
Answered on Feb 18th, 2013 at 10:27 PM
Criminal Defense Attorney serving Covington, LA
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Law Office of Ernest J. Bauer Jr.
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You need to file a rule for contempt for not paying child support and address the visitation issue with the judge.
Answered on Feb 18th, 2013 at 10:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Visitation and support are separate issues. Get an attorney to enforce the support. Gerant visitation per the order in effect.
Answered on Feb 18th, 2013 at 9:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, but you can ask the court to hold him in contempt for not paying child support.
Answered on Feb 18th, 2013 at 9:07 PM
John Arthur Smitten
The legal answer is no.
Answered on Feb 18th, 2013 at 8:44 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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If you interfere with the visitation, in Ohio you can be found in contempt of court and can be compelled to pay a fine or sentenced to jail. Child support is entirely separate from visitation - and for good reason. Life may prevent payment of support due to illness, loss of employment or incarceration. But nothing should prevent a child from seeing both parents. You can seek in court for the father to pay his support. But that is always separate from visitation.
Answered on Feb 18th, 2013 at 8:26 PM
His right to see the child is completely separate from his obligation to pay child support. He is entitled to receive his court-ordered parenting time even if he does not pay his child support. His violation of the court orders does not mean that you can also violate orders.
Answered on Feb 18th, 2013 at 8:25 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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The issues of child support and parenting time are independent. If the noncustodial parent is not paying child support, the remedy is a contempt action to compel the payment. It is not permissible to cut off parenting time because child support is not being paid.
Answered on Feb 18th, 2013 at 8:24 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You still have to let him visit. Support has nothing to do with custody.
Answered on Feb 18th, 2013 at 7:59 PM
If your former spouse is in arrears on his child support obligation, he can be found in violation of the court order setting the support amount. If you withhold visitation, then you can be found in violation of the court order setting the visitation schedule. Your remedy for his violation on child support is not to violate a different part of the order. Your remedy is to return to court and ask the court to enforce its order for support, and seek your legal fees and case expenses, which exist only because of his violation of the existing order, to be paid by your former spouse.
Answered on Feb 18th, 2013 at 7:55 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Child support has nothing to do with visitation. Let him see the child and take him back to court for contempt for non-payment of child support.
Answered on Feb 18th, 2013 at 7:52 PM