Saturday, November 24, 2012

CAN I SUSPEND VISITATION IF THE FATHER ISN'T PAYING CHILD SUPPORT?

QUESTION: The father of my child lives in AZ and I in CA. He wants to spend $80 to drive down to pick my son up for the summer. He has no job and no money, and is in arrears in Child Support, he hasn't paid since March. Can I suspend his visitation because he isn't supporting our son? ============================================== MY RESPONSE: No. The Child Support Orders and the Visitation Orders are separate and distinct Orders. You will be in contempt of court if you interfere with, suspend or prevent the father's visitation with the child/children. If the father is unemployed and not earning any money, it will likely be impossible to collect Child Support from him for the time being, but his Child Support Arrearage bears interest at 10% per annum, and should ultimately be collectible from him. When he becomes re-employed, you could seek the assistance of your local (California) governmental Child Support Agency to enforce payment of Child Support and Child Support Arrearages from him in Arizona. =============================================== This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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