• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Impact of back CS in visitation case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

BonusMom

Guest
What is the name of your state? What is the name of your state? Illinois

My husband and I are going to attempt to get a visitation schedule through the courts because his ex plays games with the kids visiting and often refuses to let them come at the last minute. We live in a different sate so summer visits are immensley important to us and them.

My husband is behind in child support by a substantial amount however has been paying steadily for this year and is also paying on the back owed support as well. What kind of an impact will this have on our case if it gets into an ugly court battle for visitation?

Also, this may be irrelevant, but during the time when he could not pay support she told him on nearly every occasion not to worry about it (she is very well-off financially) and that she intended to go to the court to have it stopped for him. Of course, she never did this (it would have meant she was giving up a power-ploy on him). The only times she made an issue of child support was when he asked for them to visit.

I am not sure what other info would help any answers, just ask if you need to know something!
 


L

Leona Dennis

Guest
i'm not sure how your state handles this, but in the state of virginia it doesn't matter if you are behind in your child support payments - you still have the right to see the children - as long as you are not considered unfit or anything like that.

i know that is not much to go on, but i hope that it helps.
 

usmcfamily

Senior Member
Child support and visitation are maintained as two separate issues -- this is to prevent CP's from holding the children "hostage" in demand for support payments from the NCP. Also, a pattern of renewed dedication to the responsibility (as demonstrated by your DH's steady payments on current and past support amounts for 12 months) will show parental dedication and can actually work as a plus in his favor if she does try to raise the issue in response to your DH's petition.....:)
 
B

BonusMom

Guest
That is what I was thinking too. My husband thought he had to catch up on all the child support before going after court ordered visitations. His ex also knows he thinks this (not sure if she knows the truth or not), so she feels as though she is safe because she knows there is no way he can come up with that much money in order to take her to court. She continues to play these visitation games with him all the time. :mad:

I was the one who informed my husband that from what I understood child support cases and custody/visitation cases were kept seperate :D. I am doing the reasearch now necissary to get ready for the case, however I wanted to be sure on this. I honestly don't see any judge telling my husband, 'Sorry, you are behind with your CS she is right to not let you see them.'

I really feel that we have a good chance of getting a visitation agreement in court, I am just trying to learn everything I can before I start. We aren't going after full custody or even joint custody, we just want a visitation arangement that is court ordered that she can't play around with.:p

I just wanted to know if the back-owed child support will be an issue in the case at all. His current payments are garnished automatically from his check, which is handy for us but looks bad in most people's eyes because a garnishment is seen as a forced payment that the person wouldn't have paid otherwise.

Anyone who has had experience with this in Illinois, I would love to hear about it! Or anyone else that wants to chime in ;)
 

haiku

Senior Member
I think at least in everything i read. (I do know there are lots of IL people who can help you better) that visitation and child support are SEPERATE issues, as far as the court is concerned.

you cannot deny visitation if not receiving support, and you cannot withhold support if not getting visitation. either of those actions can land you in court for contempt.

So yes, if she is denying you visitation, you do need to document these times, and you could take her to court.

MOST IMPOTANT- I assume that the child support and all arearages are being handled through the court? The court has a record you are paying? You are paying by check, and save all checks?

IF YOU ARE EVER BEHIND AGAIN-Do not depend on HER to stop or lower support. that is your responsibility. And also, even if things are incredibly tight, do the best you can while going through it, to pay anything you can scrap together, it looks alot nicer in court to try to pay something to the kids than nothing.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top