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  1. #1
    brokenwindow is offline Junior Member
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    Visitation rights when father is not paying child support.

    What is the name of your state? Kansas
    I have a three year old son who's father has visitation rights every thursday evening and every other weekend. The father has not been paying child support on time ever since the divorce was finalized. The current paymet due is 236 a month and the payments never equal more then 100 dollars per month. In the last month only one payment has been recieved in the amount of 85 dollars. The question is. Is it within the mother's rights to say that the father can not have visitation if the child support payments are not made per the court order?
    Thank you in advance for any help that anyone can lend to this situation.
  2. #2
    stealth2 is offline Senior Member
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    Nope. Visitation and CS are unrelated. You don't get to retaliate for his not paying by denying visitation. He doesn't get to retaliate your denying visitation by not paying. If he doesn't pay his ordered support, you file against him for contempt. You don't punish the kid by refusing their time together.
  3. #3
    meandmykids is offline Member
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    Quote Originally Posted by brokenwindow
    The question is. Is it within the mother's rights to say that the father can not have visitation if the child support payments are not made per the court order?
    Thank you in advance for any help that anyone can lend to this situation.

    Short and sweet- the answer is no.
  4. #4
    haiku is offline Senior Member
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    child support and visitation are considered seperate under the law. you cannot withhold one for the other.

    mother could find herself in court for contempt of court-denial of visitation. if you do it enough times you can lose primary custody.

    the proper way to get your child support is to take HIM into court for contempt-lack of child support. And let the judge handle it.

    And the even bigger issue-the ONLY person you would really punish by denying dad visitation this way is the child-who has no idea, court orders for anything even exist-which is as it always should be.
    "It is easier to build strong children than repair broken men." Frederick Douglas
  5. #5
    brokenwindow is offline Junior Member
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    I appreciate the information. Just to explain the father doesn't actually even spend any time with him anyway he just takes him to his grandparents and then leaves to go party anyway but I appreciate the information because it may have just saved a lot of hassle in court. What is the most inexpensive way to file for contempt?
  6. #6
    sirxamiel is offline Member
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    Quote Originally Posted by brokenwindow
    I appreciate the information. Just to explain the father doesn't actually even spend any time with him anyway he just takes him to his grandparents and then leaves to go party anyway but I appreciate the information because it may have just saved a lot of hassle in court. What is the most inexpensive way to file for contempt?
    Go to your local child support enforcement agency. File a complaint against him. I dont understand why they havent intervened yet. Usually, when a court orders CS, they either A.Take it out of his income check or B. Make him pay through the court. If he isnt doing either, then you need to file with the local CSEA or courts, and petition the courts to handle the order. It shouldnt cost you anything to get child support. Also there is a 1-800 number that you can call that handles child support for you.
  7. #7
    Shay-Pari'e is offline Senior Member
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    Go to your local child support enforcement agency. Wrong! You go and file in the court the order was issued in, there is a small fee. The family law facilitator can help you with your filing.

    File a complaint against him. I dont understand why they havent intervened yet. We don't know if her support is through the state. We don't know if she is on welfare, we can only assume it is court ordered,.that being the reason "THEY" have not intervened.


    Usually, when a court orders CS, they either A.Take it out of his income check or B. Make him pay through the court. Wrong, the court does not "USUALLY" do this. She needs to file for a OTWI in the court if she has not done so already.

    If he isnt doing either, then you need to file with the local CSEA or courts, and petition the courts to handle the order. It shouldnt cost you anything to get child support. Also there is a 1-800 number that you can call that handles child support for you. A 1-800 number to handle this?
    Last edited by Shay-Pari'e; 01-26-2005 at 11:56 PM.
  8. #8
    casa is offline Senior Member
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    Quote Originally Posted by brokenwindow
    What is the name of your state? Kansas
    I have a three year old son who's father has visitation rights every thursday evening and every other weekend. The father has not been paying child support on time ever since the divorce was finalized. The current paymet due is 236 a month and the payments never equal more then 100 dollars per month. In the last month only one payment has been recieved in the amount of 85 dollars. The question is. Is it within the mother's rights to say that the father can not have visitation if the child support payments are not made per the court order?
    Thank you in advance for any help that anyone can lend to this situation.
    [url]www.supportkids.com[/url]

    Don't deny his visitation or he can file contempt of court charges against you.
  9. #9
    stealth2 is offline Senior Member
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    Quote Originally Posted by casa
    [url]www.supportkids.com[/url]
    Bad, bad, bad idea. For starters - they take a percentage off the top. Second - they take their percentage whether they collect the money, the state collects the money, or you collect the money. You owe 'em regardless. Third - once you sign the contract, you are screwed to the wall for the length of the contract. You can't get out of it.
  10. #10
    casa is offline Senior Member
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    Quote Originally Posted by stealth2
    Bad, bad, bad idea. For starters - they take a percentage off the top. Second - they take their percentage whether they collect the money, the state collects the money, or you collect the money. You owe 'em regardless. Third - once you sign the contract, you are screwed to the wall for the length of the contract. You can't get out of it.

    Hmmmm, I wasn't aware of that. My friend used them after being without support for 3 years and raved about them. I'll have to email and ask her if she knows about the contract etc. Thanks for the heads up

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