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Divorce and a child

My Dad is going through a seperation with his second wife and they have a 11 year old son together, in the agreement it states how much child support he has to pay, well with the economy and all my dad didnt make a payment in march and is trying to get caught up now cause he has work now . Well I callled my little brother today and he said that his mom told him that if his dad didnt pay the child support that she would keep him from coming over to visit on his weekends, is this legal or what do you think, Please don t be mean when responding.

 
Anonymous

Asked by Anonymous at 4:52 PM on Apr. 5, 2010 in Relationships

This question is closed.
Answers (4)
  • No it's not legal. Visitation cannot be withheld due to child support not being paid - my ex hasn't paid in years, but he exercises his visitation every other week! It's frustrating, but if I withheld visitation he could take me to court for contempt, which is what your dad could do if his ex withholds visitation. She could take him to court for child support, but it would be a different case, likely with a different judge.
    missanc

    Answer by missanc at 5:41 PM on Apr. 5, 2010

  • That's not legal. But perhaps your dad will want to put his 2cents in with a lawyer or the court before his ex tries something. Hopefully he has cancelled checks or receipts of what he has paid and when. Good luck to him!
    kjrn79

    Answer by kjrn79 at 4:55 PM on Apr. 5, 2010

  • That isn't legal. the courts consider visitation/parenting time as a seperate issue from child support.
    aly38914290

    Answer by aly38914290 at 5:01 PM on Apr. 5, 2010

  • no this is not legal, if he were a year behind on cs she could not go againt the co saying when he gets him and one payment ha i would like to laugh in her face!!!! my kids father is like 8 grand behind!
    mommie2twogirls

    Answer by mommie2twogirls at 8:42 PM on Apr. 5, 2010

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