Can Visitation Or Custody Be Affected If Someone Is Not Paying Child Support?
Can visitation or custody be affected if someone is not paying child support?
Attorney Jason Cruz explains that: No, if there are court orders in place that provides for visitation and access for the possessory parent or the parent that has the obligation to pay for child support their access in visitation cannot be conditioned upon payment of that obligation, even though the possessory parent or the obligor could be in arrears for thousands of dollars. The primary parent cannot condition visitation upon payment of support. The primary parent can be found in contempt for not following through with a visitation order and that contempt can result in a fine, attorneys fees, or even potential jail time for not following through on court orders regarding visitation and access. It does not mean that the primary parent cannot pursue their own enforcement for child support and whatever money is owed in arrears, that could also result in contempt fines or even jail time and obviously a parent cannot visit if they are in jail but, you cannot hold the children from the possessory parent because of failure to pay support.
For a free phone consultation contact Attorney Jason Cruz in San Antonio Texas at (210) 247-9101
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