Heymann & Fletcher

Do you pay child support if your ex is withholding visitation?

Divorce is an emotionally complex, often difficult process. One day a process server provides you with notice that your spouse filed for divorce. Soon, you're living in separate homes, sharing custody. If your former spouse requested full or primary custody during the divorce, chances are your visits with your children are limited to weekends. Your ex may be withholding visits from you.

You're probably also subject to a temporary support order until the finalization of the divorce. If you haven't already, you should speak with a family law attorney with experience in divorce and custody cases soon.

Are you required to pay support if your visits are being denied?

Custody of the minor children is often the most contentious issue in a divorce. If there are strong, negative emotions between you and your former spouse, it's possible your spouse may attempt to deny your visitation rights. Your former spouse may also try to shorten your visits or cancel them at the last minute. Even if you can't see your children at all, you are still legally liable for child support. If your former spouse still won't comply, an attorney can help you document that non-compliance, which could help your custody case later in the divorce.

Paying support on time is good for you (and your kids)

If you aren't already aware, there are serious consequences for failing to pay child support. The courts can enforce child support in a number of ways. These methods range from garnishing your wages and seizing your tax return to arrest and temporary incarceration.

Additionally, failing to pay support for any reason makes a poor impression on the courts and could impact the success of your future custody claim When you are making decisions during your divorce, it's important to focus on the long-term impact of these short-term decisions.

Conversely, paying your support on time, even if there is an issue with your visitation, shows the court that you are putting your children first. It demonstrates that you are responsible and capable of providing for them. Paying in full and on time can help you when the time comes for the final custody decision from the judge. Obviously, if you want a positive outcome to your divorce and custody proceedings, you should prioritize complying with the court order for child support.

An attorney can help you with child support and visitation issues

Don't let your emotions get the better of you. If you are having issues with child support, scheduled visitation or your former spouse, you need the help of an experienced divorce attorney. A family law firm can help you navigate the divorce process and protect your best interests!

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Heymann & Fletcher
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Randolph, NJ 07869

Toll Free: 800-481-8549
Phone: 862-781-0029
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Heymann & Fletcher
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Mount Freedom, NJ 07970

Toll Free: 800-481-8549
Phone: 862-781-0029