QUESTION
If I am representing myself can the other parties counsel refuse a meeting due to withholding child support that is not mandated by the court?
Asked on Nov 19th, 2019 on Divorce - Washington
More details to this question:
My soon to be ex wife is deciding things about our children with out at least including me in the conversation. She refuses to send the children to visitation with proper clothing. She is disrespectful to my children's grandparents and other relatives because they are not against me in my choice to divorce. And she generally refuses to co-parent. And I have not been afforded the opportunity to have a discussion about important events that will take place in the near future. I have tried to set meetings up and finally told her lawyer that I am not giving her the child support until we have a discussion and resolve certain issues. Her lawyer thus took it upon himself to refuse to discuss anything further until I pay the child support owed. I called the clerks office and there is no legal obligations to pay said child support.
1 ANSWER
Family and Matrimonial Law Attorney serving Parsippany, NJ
Partner at
Weinberger Divorce & Family Law Group, LLC
4 Awards
Thank you for your question. I am sorry to hear that you are having such difficulty co-parenting with your former spouse since successful co-parenting is paramount for the children. Unfortunately, the attorney has no obligation to meet with you, even if you are representing yourself. In fact, often attorneys will only communicate in writing with self-represented parties and this is due to the risk of information being interpreted as legal advice and conflicts being created. If there is no court order in place, you are correct that you technically do not have a “legal” obligation to pay the voluntary support. However, you do have a legal obligation to support your children financially and likely, your ex and her attorney will file an application with the Court to have that support calculated, ordered by the Court, and paid through wage garnishment. It is imperative that you contact an attorney experienced in child custody and support matters to discuss all of your rights and options as soon as possible.
Answered on Nov 20th, 2019 at 9:43 AM
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