QUESTION

Can the non-custodial parent file to have child support stopped?

Asked on Nov 17th, 2014 on Child Custody - Ohio
More details to this question:
A non-custodial parent has not been able to have any contact with the child due to lack of communication from custodial parent. The custodial parent took the child to another state. The child refuses to have any communication with non-custodial parent. This has occurred for over 2 years.
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2 ANSWERS

Let's talk about support and custody/visitation. To begin, they are separate and unrelated. There can be a support order through the Ohio Department of Job and Family Services or CSEA as an administrative order without any order for visitation. In Ohio, custody in the case of non-married parents is decided by statute, which assigns the custody at birth to the mother until the father goes to court to modify custody or to gain visitation. As sole custodian, mom can go where she pleases with the child, and dad can only act when he has rights in custody to the child. This is likely the situation of the person asking the question. Child support can be reduced or suspended for several reasons - but lack of visitation is not one of them. You need to see an attorney to review your options and gain some control of your relationship with your child and the child's mother.
Answered on Nov 19th, 2014 at 10:05 AM

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Family Law Attorney serving Independence, OH at Abel & Zocolo Co., LPA
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Under Ohio law visitation and child support are separate so you can't stop child support based upon the lack of visitation. You still, however, may want to consider filing a motion to modify the support. The court may be sympathetic to your situation and grant you a deviation. You should also file a motion to show cause for the failure to abide by whatever visitation schedule is in place.
Answered on Nov 19th, 2014 at 9:59 AM

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