Can I withhold child support until I receive proof of health? 3 Answers as of August 29, 2010
My son and his mother live in another state. I have never met my son and essentially never speak with the mother. I pay child support and have never been late on my payments. At this point, I do not even know if my son is alive, seeing that I have never met him. Can I withhold child support payments until I meet my son or am given some sort of proof of his health? Even a dated photo would be good to satisfy me to continue to pay.Free Case Evaluation by a Local Lawyer!
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Law Office Of Kay M. Perry | Kay Perry
I recommend that you continue paying child support and if your son's mother won't provide photos or school records or something similar that you go back to court and ask that his mother be required to provide you with this kind of information.
Answer Applies to: Texas
Replied: 8/29/2010
Law Offices of James C. Bechler, A.P.C. | James Bechler
You cannot withhold child support because you have not had any contact with your child out of state. You would be violating a Court Order which puts you in Contempt of Court and also risks losing your driver's license and other professional licenses.
You may file and OSC (Order to Show Cause) in your State and require your Ex-Spouse to Appear in Court and Explain why you cannot communicate with your child, etc. However, whenever you shake things up (remember why you got divorced in the first place), you run the risk of paying MORE child support in the future.
You may file and OSC (Order to Show Cause) in your State and require your Ex-Spouse to Appear in Court and Explain why you cannot communicate with your child, etc. However, whenever you shake things up (remember why you got divorced in the first place), you run the risk of paying MORE child support in the future.
Answer Applies to: California
Replied: 8/28/2010
Cox & Ryan, PLLC | Annette Cox
Unfortunately you could be held in contempt if you stop paying child support, regardless of the reason. If you want to see proof of the child's health you can contact the mother or consider filing a Petition to Establish Custody, Parenting Time etc assuming there are no custody orders and you are concerned about the child's well-being.
Answer Applies to: Arizona
Replied: 8/27/2010
