Legal Question in Family Law in California
Payment of travel for visitation
I was divorced in CA 6 years ago and moved out of state 5 yrs ago. I have 2 children for whom I have sole legal & physical custody. I agreed to pay for 2 visits a year to dad who still lives in CA. He is currently very far behind in child support. This causes a finacial strain and I cannot afford plane tickets. I have no problem sending the kids, just can't afford tickets. He claims he can have me sent to jail if I don't pay for the visits...is this correct?
1 Answer from Attorneys
Re: Payment of travel for visitation
He may be correct your failure to pay for the visits as ordered by the court would be a violation of the court order. You would have some defenses to any contempt of court action. You should tell him that you will ask if you can be placed in the adjoining cell. Each month that he fails to pay child support is a separate contempt. The court can order a person found to be in contempt of court to serve 5 days in county jail, for each count of contempt. Each month in which he did not pay child support is a separate contempt. As I recall the statute of limitations on contempt for non payment of child support is 3 years. Further failure to pay child support, when the parents live in different states, is a federal offense. If the amount owed exceeds $5,000 it is a felony. Do not threaten him with either the contempt or the federal crime. Just remind him that if he files for contempt on the visitation that you will have to use his non payment of child support as a defense. You should offer to reduce the amount of child support by the cost of transportation for your children.