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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:
|from The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families|
|from Modern Family Law: Cases and Materials|
|from Fundamentals of American Law|
|from The Role of the Father in Child Development|
|from Family Law|
|from Family Law|
|from Introduction to Law for Paralegals: A Critical Thinking Approach|
|from Prisoners’ Self-help Litigation Manual|
|from Encyclopedia of Social Work|
|from Marketing Management: Text & Cases|