Legal Question in Family Law in California
There is a court order stating that the father is to pay the mother child support. The father is around 6 months behind in child support payments and claims extreme financial hardship. Does the mother still have to uphold the visitation schedule knowing the father's situation and his lack of payment?
3 Answers from Attorneys
The mother should never prevent visitation under a court ordered visitation schedule for nonpayment of child support. Child support should be pursued through other avenues, such as an OSC for contempt, and collection procedures.
Mr. Roach is correct. Child support and visitation are mutually exclusive. In other words, one does not depend on the other.
BARRY BESSER
www.besserlaw.com
The father is in contempt of court. If he really has financial problems he needs to file for a modification of the support amount. However, if you withhold visitation you will be in contempt as well. As Mr. Roach said, there are methods for collecting past due support. Withholding visitation is NOT one of them.
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