Can I keep my son from my ex if he hasnt paid child support? 36 Answers as of June 25, 2013

My ex hasn't paid child support since last November, can I keep our son from him? He doesn't have a license.

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Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
Absent other facts or Court Orders, you may not "hold your son hostage" from your ex for the payment of child support. The two issues are totally unrelated and if your ex has an order permitting him to have custodial time or visitation, then you should allow it regardless of the status of support payments. Put your son's best interests ahead of your own.
Answer Applies to: California
Replied: 9/29/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Child support and visitation does not go hand-in-hand. It is unlawful to withhold visitation because a parent is owing in child support.
Answer Applies to: Illinois
Replied: 9/23/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Not in Wisconsin. You can bring a motion for contempt for the support or demand alternate transportation if he doesn't have a license, such as someone else driving with him who does or you dropping off the child. But it is not a reason to withhold placement.
Answer Applies to: Wisconsin
Replied: 9/14/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Child support does not have a bearing on child custody. You may not keep your son from seeing your ex, however you may insist that visitations be in a place where he has someone else with him that is able to drive. You do not need to send your son in a car with your ex if he does not have a license.
Answer Applies to: California
Replied: 9/14/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
Absolutely not. Timesharing and Child Support are two different issues and you failing to allow timesharing can have very negative consequences regardless of your ex paying child support. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 9/14/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Child Support and Child Custody/Visitation are not related. Your question is a common one, but the fact of the matter is they are not related. In your divorce decree (or custody orders) there is likely a section that deals with this matter. Generally it is under the caption WARNINGS TO PARTIES and clearly states that his failure to pay support is one issue, and not in any way an excuse for you to deny visitation and vice versa.
    Answer Applies to: Texas
    Replied: 9/13/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    Alabama law is clear that child support and visitation are not connected. If you withhold the child you could be charged with contempt.
    Answer Applies to: Alabama
    Replied: 9/13/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Probably not. What does your Order say about parenting time?
    Answer Applies to: Michigan
    Replied: 6/25/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    A child support obligation and it's payment is treated as a separate issue from the child's right to have a parenting relationship with his father. If the father is behind in support, return to court on an enforcement motion to collect the arrears. If the father is having transportation problems that require a motion to address this issue since the father lost his license, you should file a motion requesting transportation only to be done by someone you approve of and who proves they are licensed and insured.
    Answer Applies to: California
    Replied: 9/13/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    You cannot refuse parenting time do to non-payment of support. However, you may be able to restrict the father's parenting rights based on his lack of license.
    Answer Applies to: Ohio
    Replied: 9/13/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. Support orders and Visitation orders are separate, independent orders. A violation of one doesn't justify a violation of the other. If Child Custody or Visitation ordersprovide that your ex has time with your son, you would be committing a contempt of court to violate those orders. I assume from your question that your ex lost his driver's license as a result of his failure to pay Child Support. Ask him to show you his driver's license. You could refuse to allow him to drive with your son in his car if he is driving without a driver's license, because that could jeopardize your son's safety - your ex could be arrested for driving without a driver's license, stranding your son. Driver's licenses are required for safety reasons - people have to qualify as good drivers to get a driver's license.
    Answer Applies to: California
    Replied: 9/13/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    Absolutely not. From a legal perspective, the child has legal rights-to include seeing his father. Keep in mind that if you attempt to prevent visitation, not only are you punishing dad, but also the child. Also, if there is a court order that allows dad visitation, then YOU would be in violation of the court order and subject to contempt of court. No doubt it is frustrating if Father has not paid child support. The proper thing to do under such circumstances is to file a motion for contempt of court and/or contact your local Department of Child Support Services, the legal entity/agency legally empowered to enforce child support orders. They have the power to do all kinds of things: 1) levy bank accounts; 2) garnish wages; 3) withhold passport; 4) prevent registration of driver's license . . . the list goes on and on. Follow the law, and not your heart-as this will give you the best result - - payment of child support. Good luck!
    Answer Applies to: California
    Replied: 9/13/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    A court order is just that, an order. Your son's father is in contempt for not paying the court ordered child support but if you deny visitation you will be in contempt for any order for visitation that you deny. On the other hand, if he doesn't have transportation to visit your son you are not obligated to transport your son to him unless the order states that you must.
    Answer Applies to: Arkansas
    Replied: 9/13/2011
    Law Office of James L. Miller
    Law Office of James L. Miller | James Miller
    Child support and child visitation are two separate issues. You can not withhold your child from his father just because he does not pay child support. Any modification regarding custody that is not agreed to by the parents must be made through the courts. If your ex is not paying you should seek the advice of counsel on how to go about getting your support. You can also check with your local court to obtain the number for Child Support Services who can assist you.
    Answer Applies to: California
    Replied: 9/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No. Child support and parenting time are not linked in any way.
    Answer Applies to: Colorado
    Replied: 9/13/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Child support and spousal support are two different issues. You cannot keep the child from father because father is not paying support. Now, if father does not have a license you might be able to prevent father from driving (he would need another driver) but he can still have visits. If he is not paying, you have other remedies such as contempt orders.
    Answer Applies to: California
    Replied: 9/12/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You do not have the right to withhold visitation or you will be in violation of the divorce decree. Your remedy is to file a contempt action for non-payment of child support. However, you should take your divorce decree to a family law attorney for review; if your ex doesn't have a license but is required by the divorce decree to provide the transportation for his visitation, this could be an issue that needs to be addressed and you need to get advice on that issue.
    Answer Applies to: Georgia
    Replied: 9/12/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If the only negatives are that the father does not have a driver's license and that he has support arrears, then you should allow the child to improve the parent-child relationship without having the father drive the child anywhere. There is no need to hurt the child by depriving him of contact with a parent for those reasons. If there is support owed, then pursue that issue in Contempt Court.
    Answer Applies to: Pennsylvania
    Replied: 9/12/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    No, you cannot purposely keep your son from him, even if he hasn’t paid child support. In fact, it’s not a good idea for your child's benefit to keep him from his father. A child actually needs both parents in their life to whatever degree possible. Any psychologist will tell you that - unless the father is a drug addict or alcoholic or something worse, whatever that might be. As for him not having a license, that may be a different story if he lost it due to a DWI or something like that. In that situation, the police may want to be apprised of his non-licensed status. Good luck.
    Answer Applies to: New York
    Replied: 9/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Not if there are court orders granting him access - all court orders must be obeyed. Visitation is not linked to payment of support in the court. You should bring him back to court on a contempt motion for failure to pay child support.
    Answer Applies to: Connecticut
    Replied: 9/12/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    The short answer is "no". The child is entitled to benefit from relationships with both parents. Your remedy is to file a contempt action against your ex-husband or otherwise seek to enforce the court order. Withholding visitation would be detrimental to the child and the court's could hold you in contempt of the court order if you did so.
    Answer Applies to: Georgia
    Replied: 9/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. If there is an existing parenting time order, it must be followed unless r until modified by a court. Non-payment of child suport is not a basis to modify the parenting schedule though it may support a motion for contempt.
    Answer Applies to: Minnesota
    Replied: 9/12/2011
    Reza Athari & Associates, PLLC | Riana Durrett
    If there is a court order establishing custody arrangements then the parties must follow that order, whether or not child support is being paid. If there is a change in circumstances, such as the child spends more time with one parent then originally arranged, or the child is in danger while in the other parents' custody, then a party can seek to change the child custody order and the child support award accordingly. Further, if there is a change in financial circumstances then a party can see to change the support amount. If a party does not comply with a child support order then that party may have to deal with the consequences, such a suspended license and even jail time. However, the courts typically find that visitation rights are separate from child support obligations.
    Answer Applies to: Nevada
    Replied: 9/12/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you do, you can go to jail for contempt. Judges often punish people for not paying support, but the worst punishment is reserved for people who take the law into their own hands and ignore the judge.
    Answer Applies to: Georgia
    Replied: 9/12/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    In Louisiana you may not withhold visitation from a parent due to non-payment, or vice-versa. You should take the ex to court for contempt for non-payment of support; you can get costs and attorneys' fees for having to go to court.
    Answer Applies to: Louisiana
    Replied: 9/12/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio, child support is not directly linked with visitation. You must let the boy see his dad.
    Answer Applies to: Ohio
    Replied: 9/12/2011
    Law Offices of Steven A. Hemmat
    Law Offices of Steven A. Hemmat | Steven A. Hemmat
    No. The law specifically states that the status of child support cannot be used against the non-paying parent when it comes to residential time.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Law Offices of Sheryl S. Graf
    Law Offices of Sheryl S. Graf | Sheryl S. Graf
    You should not allow your son to be in a car driven by ANY unlicensed or uninsured driver. You may not withhold your son for non-payment of support.
    Answer Applies to: California
    Replied: 9/12/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    The courts view the payment of child support and time-sharing with the childto be two separate issues. If your ex has court-ordered time-sharing/visitation with your son, it is not a good idea to withhold visitation on your own.
    Answer Applies to: Florida
    Replied: 9/12/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    No, you cannot keep the child from the other parent, even if he is not paying child support - the obligations are completely separate. You do have the right to enforce the child support orders (to try to force the other party to pay), but you cannot withhold parenting time as a "punishment" for not paying support.
    Answer Applies to: Arizona
    Replied: 9/12/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Not in Washington. You're doing so could get you in a lot of trouble.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    No. In Washington child support is independent from the issue of the parenting plan. However, if your ex-spouse does not have a driver's license, you might go back into court and ask for an order that restricts your spouse from driving with your child in the car until such time as he demonstrates that he has both a license and insurance.
    Answer Applies to: Washington
    Replied: 9/12/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    A lot of women ask this question. You can not keep your son away from his father if the only reason is failure to pay. But you said that your ex has no license. It is not legal and it is not smart for him to drive with no license. Your son should NOT be in the car with your ex driving.
    Answer Applies to: New Jersey
    Replied: 9/12/2011
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