QUESTION
What are the consequences for the father who has visitation rights but does not want to pay child support?
Asked on Jan 01st, 2014 on Child Custody - Rhode Island
More details to this question:
My child’s father has visitation rights to our child. He has failed to pay child support this month and does not plan on paying it anymore I’m guessing. What should I do?
6 ANSWERS
The payment of child support is an obligation that is independent from the award of parent time. So, a parent who does not pay child support still has the right to visit, and a parent who does not exercise parent time still has an obligation to pay child support. You have the right to go back to court or to the appropriate state agency to enforce the child support obligation. You may be able to have a state agency collect the support obligation through what is called income withholding, directed to the employer of the obligor parent. The divorce court can hold the offending parent in contempt and can enter sanctions including jail time and an award of attorney's fees.
Answered on Jan 03rd, 2014 at 3:07 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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You should file for contempt and request that future child support payments be deducted automatically from his paycheck, i,e, an income withholding order. You could also request attorney fees.
Answered on Jan 03rd, 2014 at 3:07 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Utah law provides that you cannot withhold visitation for failure to pay child support. Sorry.
Answered on Jan 03rd, 2014 at 3:05 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Immediately file a motion for contempt, presuming there is a custody and child support order in place. Let him know that you will not allow him to not pay child support. If there is no custody and child support order in place, you need to file for one immediately.
Answered on Jan 03rd, 2014 at 1:42 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Whether he wants to pay or not if there is a child support order he must pay. If there isn't an order, then go to court and get one since he has a legal obligation to pay and the child has a right of support. If there is an order you can go to support enforcement and they will garnish his wages when he has missed two payments.
Answered on Jan 03rd, 2014 at 1:42 PM
1 Award
If there is a judgment in place which orders him to pay child support and refuses to do so, he has violated the judgment and court order. You should file a Motion for Contempt and for Child Support Arrearages.
Answered on Jan 03rd, 2014 at 1:42 PM