Legal Question in Family Law in California

No Child Support, No Visitation?

I have both legal and physical custody of my son. The non-custodial parent has visitation which allows him visits with my son, every other weekend. As of recently he has stopped paying his child support payments. Both the child support payments and his visitation are court ordered. So my question is if cancel his weekend vists until he decides to make the payments what will the ramfications be. I've tried contacting my local child support agency and see about having the amount garnished but they told me that could take months. I'm desperate and I thought if I cancelled the visit this might get his attention and get a payment out of him. I also know that going against a court is wrong and two wrongs don't make a right. So, if I don't allow the visit what will the consequences be for me.


Asked on 4/07/05, 3:06 pm

2 Answers from Attorneys
Jennifer Sawday Sawday and Drake

Re: No Child Support, No Visitation?

Visitation and child support are two separate issues. You cannot withhold visitation for failure to pay child support. Work with the county or District Attorney's office to begin garnishment of wages and ask them about seeking an order for unpaid child support.

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Answered on 4/07/05, 3:55 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: No Child Support, No Visitation?

Withholding visitation could result in your being found in contempt and placed in jail for up to 5 days for each visit which is denied.

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Answered on 4/08/05, 2:42 am


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