Legal Question in Family Law in California
If a father is ordered by a judge to pay child support and WILL not, does he have a legal right to see the kids?
Asked on 1/04/11, 3:38 am
2 Answers from Attorneys
Arlene Kock
Law Offices of Arlene D. Kock APLC
Child support obligations and the child's right to have a relationship with both parents are treated as separate legal issues by the California courts. If a parent obligated by court order is willfully refusing to pay support, the remedy is to return to court on a proper motion to have the judge compel payment of the support. A contempt motion is a motion that allows for fines and jail time for failure to abide by a court order.
Answered on 1/09/11, 9:31 am
Anthony Roach
Law Office of Anthony A. Roach
I agree with Ms. Kock. One parent's failure to pay child support does not justify the other parent preventing visitation.
Answered on 1/10/11, 9:00 am