As frustrating as it might be, even if your ex-wife denies visitation, your duty and obligation to pay child support remains. The Appeals Court reversed the decision on child support. I thought my whole world had come to an end until a sheriff’s deputy knocked on my door with a warrant. My grandfather told me as a child that men are the viewed as being the dominant sex, however if the truth be told we (men) are the new powerless minority. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. I’m not retired. He also says wants to give me sole custody of our child, doesn’t want to pay child support of any kind, but still have visitation and parent-time rights. I am a Mother of 2 girls and recently my ex- received custody of one of my daughters after I have had her in my care for 13 years. Thank you, Your email address will not be published. CORDELL & CORDELL, ST. LOUIS, MO. Cordell & Cordell has well qualified and experienced men’s divorce lawyers located nationwide, including many in Missouri, if you require additional legal assistance. Jim is kind enough to answer questions from visitors on StatesideLegal.org here in Jim's Mailbag. That turned out to be a HUGE mistake. The court is counting my VA pay and SSDI pay. Failure to report the entire income can lead to contempt of court charges and worse. Needless to say after almost 15 years I’ve seen my daughter 3 times. He also says wants to give me sole custody of our child, doesn’t want to pay child support of any kind, but still have visitation and parent-time rights. It is terribly unfortunate that your ex-wife has denied you visitation with your child. If the custodial parent fears imminent harm , as in suspected abuse or neglect of the child , they should contact the state child welfare agency and their family lawyer. I PAY CHILD SUPPORT AND THE MOTHER WILL NOT LET ME TALK OR SEE MY SON, I ALSO HAVE 2 MORE KIDS I PAY FOR AND SEE WHEN I WANT TOO.. SHE MOVED WAY UP IN WI.. AND JUST BECAUSE I DIDNT REPLY TO PICS SHE POSTED ON FB SHE CUT ME OFF!!!! Can this happen? When they first moved I was involved in an auto accident and had to get emergency surgery. Either way, failure to pay child support doesn’t constitute an infringement of the custody agreement and has no effect on the parent’s legal or physical custody rights. I have seen my kids twice in the last 12 years but yet I am required to pay $1100 a month…I got behind on my support because I stopped paying her when she took off with my kids and I couldn’t find her for almost 3 years. I now have 4 payments left and feel like my life will actually start over again 15 years later. Can this happen? She never discussed with me at all and lied to me about where my daughter was and on the forms for the school listed me as deceased, so it took me weeks to get the school to even tell me she was there after I sent them my court order for visitation and having full joint legal custody. Lisa Karges, Florida Resident Partner - Tampa, FL. However, if a father doesn't pay, he can get in trouble with the court. I pay child support in the amount of 800 dollars but can not see my child. A parent cannot refuse to pay support because she is not getting visitation. Another important point to remember is that a custodial parent can't refuse or cut back on visitation if child support hasn't been paid. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. There is no true justice. Because child support and visitation are two separate issues, a parent who does not pay the required child support cannot be denied visitation with the child. The Court Order is out of Oklahoma. I just want to see my child. Visitation is your child's right. The court can also take a … I spend a total of 11 months in jail. Joseph Cordell, Principal Partner, licensed in MO and IL only. Depending on the facts of your situation, both motions could be utilized to achieve the best result for you and your child. I even attended his high school graduation to find out when I went to court to cease child support for him since he had aged out that he’s still in high school taking up classes on how to fill out job applications, go on job interviews, how to take care of a household, etc., so the courts allowed support payment to continue. my husband's paying child support and does not have communication or visitation and the mother won't return our calls or emails. Phyllis MacCutcheon licensed in CT and NM only. I’m not retired. Save my name, email, and website in this browser for the next time I comment. However, child support and child visitation are two separate matters. Then I knew I was in hell. Rumors abound on the Internet about how veterans disability pay can't be used for divorce settlements and that simply isn't true. Jim writes extensively about VA and Social Security disability benefits. I don’t even find out about medical decisions until she submits the bill to the court for reimbursement, such as school, braces, surgeries, wisdom teeth being removed. I pay child support in the amount of 800 dollars but can not see my child. Question: I’m from Michigan and am a disabled vet of 11 years. Neither a father nor a mother can be denied visitation based on the fact that they are not paying child support. The court is counting my VA pay and SSDI pay. He has not given us any money for child support. She informed me that even though visitation and child support were in the same judge signed divorce agreement and both are bound legally by that document, only child support is enforced. I am supporting my child and me on my own, and now my husband says he wants to get a divorce. Home / Articles / Denied visitation but still expected to pay child support. A child support agreement may be addressed in the divorce decree, though it’s often covered separately in a distinct court order. He has not given us any money for child support. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Please understand that my opinions are based upon the limited facts that you provided to me. It’s been about a year since I last spoke with him. You can browse all of these Q&As here, and search the Jim's Mailbag archives for helpful answers. I call his phone, text him send email’s to him and when I have his sister on the phone I ask her to put him on the phone, however, I’m told he’s sleep. They have never even let me talk to my daughter. and to think he has 2 incomes to my still 1, as he is remarried. Visitation and child support are not linked, because visitation is ultimately the right of the child or children. https://www.sapling.com/8101254/rights-doesnt-pay-child-support The best course of action to take, in the eyes of the court, however, is putting the best interests of your children first. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Visitation cannot be denied is support isn't paid. At 40 yrs old now I understand. If Jim hasn't already addressed the questions you have, you can submit your own question. How is that fair paying money out and not have ANY contact with the mother or child we've gone through social services and they act like a bunch of dingbats and treat us like we're retarded etc what can we do? If a father neglects this financial obligation, a court could find him in contempt, requiring a fine, jail time, or both. The court is counting my VA pay and SSDI pay. Required fields are marked *. December 30, 2019. The Child Support Agreement. Failure to pay child support is a common reason a parent may deny visitation with the other parent. The court made this decision based on my teenager thinking that the grass was greener on the other side. As frustrating as it might be, even if your ex-wife denies visitation, your duty and obligation to pay child support remains.
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