Tuesday, May 11, 2010

Can you deny visitation to the non-custodial parent if he is in arrears on child support?

My daughter's father has been paying 1/2 of what he owes for the last three months, and hasn't even called her. He is probably going to want her to fly from FLA to VA to see him over Christmas. Can I deny his visitation?Can you deny visitation to the non-custodial parent if he is in arrears on child support?
If you deny visitation you are breaking a separate court order from the one in which he is ordered to pay child support. By not paying support he is in trouble for not abiding by a court order. You CAN tell him that if he comes to pick the children up he will be arrested for not paying his child support (whether he actually would, I think depends on the state, but nonetheless you could try, he's no attorney I feel safe in assuming).





Do you want BOTH of your children's parents in jail for contempt? Can you deny visitation to the non-custodial parent if he is in arrears on child support?
If your ex has court ordered visitation you cannot deny him as child support and visitation are not tied together. Having raised 3 daughters as a single parent I do know how difficult it can be. Their father was not only perpetually behind on child support but made no attempt to visit with them or have any type of relationship with them. As adults I can see how that lack of contact has affected them in their personal relationships and no amount of money is worth the damage to a child's self-esteem. You do, however, need to contact the court regarding the arrears. How diligent they are in enforcing the support order will depend on the State in which you live.
I don't know what the specific laws are in your state concerning that, but I would DEFINITELY discuss the matter with your lawyer immediately before you do anything like that. If there is a mandated court order on child support that he is violating, that is matter for the court to take up with him. I personally believe and I'm sure you do as well, that if he's not taking the responsibility of supporting her, he shouldn't have rights to see her either, but that's not your issue to settle, that's for the court to do. You still have to abide by your side of the custody agreement and allow him visitation, otherwise you'll be in contempt of court, which sounds like what he may be in, so just do what you know you're supposed to and let your lawyers and the court address this issue with him. Good luck!
Child Support - one entity.


Child Custody and Visitation - seperate entity.





and ne'er the tween shall meet. He is not ';paying for rights to his child'; he is pay support for his child - and if the custody arrangment says he gets her at christmas then he gets her at christmas.





Don't link your daughters relationship to her father to a dollar sign.
nope you can not, child support is NOT linked to visitation in anyway shape or form.





What does it say about his visitation and who pays for the visits etc, is it ';his'; turn etc.........they might be better ways of having her not go over Christmas but for not paying child support sorry but that does not count.
It all depends on what is in your parenting plan or order. Keep in mind you'll be punishing your daughter if she wants to spend time with her father. I would consider a motion in court for him to show cause why he hasn't paid the other half of the support if he can afford to fly her to where he is.
If the court order covers the Christmas visitation AND allows you to withhold visitation based on child support payments or if the court order doesn't cover it,you can deny the visit.





You can move to enforce the child support order.
yes, if he hasnt been paying, you can complain to the court. but you might want to talk to your daughter first, or it could ruin your relationship. also, if she really wants to go, dmand that he sends you a check for the ticket or you will NOT send her.
No.


Visitation and child support are two separate issues. If he has visitation rights ordered by the court,you cannot go against the order just because he is behind in child support. That would be considered contempt.
Inability to pay is not a valid, legal reason to deny visitation if you do this you may find yourself as the visiting parent...
Yes. I would also file it in court that he hasn't been paying or keeping up his end of the deal.
Not in IL... Might be different in your state.
no you cant

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