Can I Stop Paying Child Support if My Ex Won’t Let Me See My Children?
I had a gentleman come into my office yesterday. He was very upset that his ex-wife had been withholding his children from him for months at a time. So he was so frustrated he decided that he was just going to make a decision to stop paying his court ordered child support. I explained to him, as I would advise to anyone, that it is never a good idea to stop making court ordered child support payments. Doing so can have extremely negative consequences for you.
By failing to pay child support, you will be found in contempt for violating a current court order and can face penalties including:
- Having your drivers license revoked
- Garnishment of your wages
- Garnishment of your tax refunds if you are expecting any refunds
- Monetary sanctions from the court or liens on your property
Prior to filing a motion with the court, the best way to restore your rights to visitation is to keep a log of all the times that you have been denied your rights to visitation. Once you go to court based on your motion, the judge may find your spouse in contempt for violating the specific court order and will order your spouse to comply with the ordered visitation. The court might also order that your spouse give you make up time for all the times he or she has withheld the child from you. The court might even modify the existing custody order to give you more time with the child. This is where your log comes in handy because you are able to prove to the judge exactly what the court ordered verses the reality of the time that you have been given with your child. For this reason, it’s a very good idea for you to keep very detailed notes including the dates and times of when you were supposed to have your child and how and why you were denied.
It’s important to know that you have a fundamental right to have custody and spend time with your children. But also know that it is never a good idea to withhold child support in order to get back at your spouse for denying you time with your children. Do it the correct way. That way you have a better outcome for yourself and for your child.
If you would like to sit down with an experienced Family Law Attorney and discuss your specific child support or child custody situation, contact our office to set up a consultation. Our office can be reached at (702) 998-1188, firstname.lastname@example.org, or via our online scheduler.