Withholding Visitation rights for Delinquent Supporting Your Children

 

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Withholding Visitation Due To Lack Of Child Support Andy Harmon Attorney

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Unpaid Child Support Can I Withhold Visitation

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Withholding visitation in light of unpaid child support is an example of impermissible self-help. Legal Representation The best way to ensure matters like unpaid child support are appropriately and quickly addressed is to engage the services of an experienced child support attorney. Withholding Visitation for Unpaid Child Support is Not an Option in California.

At Whitmarsh Family Law, PC, our child custody and child support attorney in Los Angeles, CA is often asked about court-ordered visitation rights and their connection to financial payment agreements between separated or divorced couples. Visitation When a parent who is supposed to be paying child support falls behind on making the payments, this can place enormous strain Get immediate help with your divorce or other family law. Withholding visitation may seem like a faster solution to force collection of unpaid child support but doing so places you in violation of the court’s custody order. It is unlawful and imprudent for a custodial parent to withhold visitation from a non-custodial parent because of unpaid support. Afterall, a child deserves a relationship with her parent regardless of monies paid for her support.

However, child support and child visitation are two separate matters. The court could sanction a parent who withholds visitation because the other parent is behind in child support payments. A parent who believes a child is in danger or is being harmed during visitation should contact an attorney immediately. If the child is in immediate harm, the parent can contact the police. Just as custodial parents may withhold visitation in retaliation for the non-custodial parents actions, the non-custodial parent may withhold child support payments in retaliation for not being able to visit with the children.

Just as withholding visitation is against the law, so is withholding child support payments. The custodial parent must comply with the visitation schedule (sometimes called a parenting plan) established by the court. This is true even if the non-custodial parent is not paying their child support.

While you can ask the court to enforce the child support order, you must continue to allow the visits as scheduled. Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. (See 18 U.S.C. § 228(a)(2)). Any individual convicted of this crime may face up to 2 years in prison.

Keep in mind that visitation and child support are two separate issues. Visitation is provided to ensure that kids are able to maintain a healthy and loving relationship with both parents. This entails spending time with the non-custodial parent, as is the child’s right.

List of related literature:

Child support is increased, his pay is garnished, and her custody/visitation order is amended.

“The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families” by Mark E. Sullivan, American Bar Association. Section of Family Law
from The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families
by Mark E. Sullivan, American Bar Association. Section of Family Law
American Bar Association, 2006

We do not address civil contempt proceedings where the underlying child support payment is owed to the State, for example, for reimbursement of welfare funds paid to the parent with custody.

“Modern Family Law: Cases and Materials” by D. Kelly Weisberg
from Modern Family Law: Cases and Materials
by D. Kelly Weisberg
Wolters Kluwer, 2020

Conversely, a custodial parent may not interfere with the child’s visitation on the grounds that the non-custodial parent has failed to pay child support.

“Fundamentals of American Law” by Alan B. Morrison, New York University. School of Law, William J. Brennan
from Fundamentals of American Law
by Alan B. Morrison, New York University. School of Law, William J. Brennan
Oxford University Press, 1996

Another issue is that child support payments are not tied to child visitation.

“The Role of the Father in Child Development” by Michael E. Lamb
from The Role of the Father in Child Development
by Michael E. Lamb
Wiley, 2010

But sometimes States will use contempt orders to ensure that the custodial parent receives support payments or the government receives reimbursement.

“Family Law” by Leslie Joan Harris, June R. Carbone, Lee E. Teitelbaum, Rachel Rebouche
from Family Law
by Leslie Joan Harris, June R. Carbone, et. al.
Wolters Kluwer, 2018

The CSA must, however, assess the child’s maintenance and enforce payment against the absent parent if the child and/or the child’s custodial parent are on welfare benefits or a court order is transferred to the Agency (see Chapter 15).

“Family Law” by Frances Burton
from Family Law
by Frances Burton
Taylor & Francis, 2003

Most courts will not relieve a parent of his or her obligation to supply child support solely on the basis that the custodial parent had denied that parent his or her court-ordered visitation rights.

“Introduction to Law for Paralegals: A Critical Thinking Approach” by Katherine A. Currier, Thomas E. Eimermann
from Introduction to Law for Paralegals: A Critical Thinking Approach
by Katherine A. Currier, Thomas E. Eimermann
Wolters Kluwer Law & Business, 2019

If you let unpaid child support pile up, your non-payment may also be cited as a reason to terminate your parental rights.

“Prisoners' Self-help Litigation Manual” by John Boston, Daniel E. Manville
from Prisoners’ Self-help Litigation Manual
by John Boston, Daniel E. Manville
Oceana, 2010

Further, even if equal custody is not granted, most courts will decrease the amount of a child support award if the noncustodial parent’s contact with the child substantially increases.

“Encyclopedia of Social Work” by Harry L. Lurie, National Association of Social Workers
from Encyclopedia of Social Work
by Harry L. Lurie, National Association of Social Workers
National Association of Social Workers, 1965

In some cases, the non-custodial parent (usually the father) would not pay the required child support, and even if he or she does, that still may not leave the custodial parent and children as well off as they were during the marriage.

“Marketing Management: Text & Cases” by Chandrasekar
from Marketing Management: Text & Cases
by Chandrasekar
McGraw-Hill Education (India) Pvt Limited, 2010

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
Telephone: +1 (877) 492-3666

Biography: https://medicine.yale.edu/profile/kutluk_oktay/
Bibliography: oktay_bibliography

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3 comments

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  • We are having a horrible time with DA. They are so biased and are not honest. Lied to make custodial parent have less income and non-custodial (even tho it’s 50/50) to have less. It’s been a huge fight and mess ��

  • I’m going thru same. I’m the custodial and the dad isn’t paying. I am struggling to pay daycare, rent EVERYTHING. By myself. He lives with his mommy and now modifies lying on his financial affidavit to lower his net income so he only be expected to pay significant less. He is a manipulative Narcissist and there’s nothing I can do if I can’t withhold visitation. He is just a deadbeat with a controlling Mommy

  • NY: there is no statute for this that I have seen, but the appellate courts have affirmed a suspension of child support where you can prove parental alienation and There is one of those quotes you see repeated in the case law like if the custodial parent “has unjustifiably frustrated the noncustodial parent’s right of reasonable access” this would be grounds to suspend future support payments BUT.  The Courts have repeatedly denied this as a DEFENSE to a contempt petitions.  Basically if you bring it up independently you may have a chance, but you CANNOT bring it up as a defense if action is petitioned against you first.