If a father does not pay child support can he have visitation rights

Child Support 5 views 4 answers
How can I stop my ex from seeing the children if he does not pay child support

Attorney Answers

4
Michael David BirchmoreDUI / DWI AttorneyBlue Ridge, GA ·
If he is your ex husband and has court ordered rights, then you would have to get the court order changed through the modification process. However, non payment of child support isn't going to cut it as a valid reason to stop dad's visitation. If you really want to force payment, file a contempt motion against dad for non payment. That WILL get the court's attention. A lawyer would be a wise move for you to take too.
0 upvotes
Loretta Smith ·
You can't. If he was awarded visitation rights by the Court, you would be in big trouble if you withheld those rights without a good cause, and not paying support is not good cause. That said, the Court is never happy with a father who willfully refuses to pay child support. You can file a motion for contempt directly in the Superior Court where the child support order was granted or you go through Department of Human Resources, Child Support Services. CSS is cheaper to you, but a motion for contempt, especially if you have a lawyer, usually gets faster results and you have more control of the process.
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Alake Oni ColwellDivorce / Separation LawyerLawrenceville, GA ·
The non-custodial parent doesn't pay to see their children. Although he should be paying child support, you can't withhold visitation because you're not getting support. If you do so, you will be in contempt the same way that he is in contempt for not paying. You can file a petition for contempt and if he is working you can set up a garnishment so that you get the money directly without having to wait on him to pay you. But he does not have to pay you just to see his children. Visitation and child support are separate.
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John Arnold SteakleyCriminal Defense AttorneyMarietta, GA ·
You don't. No court is going to let you hold the kids ransom until he pays child support. A Judge might throw him in jail, though, for contempt of court if he's not paying as ordered.
0 upvotes

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