Legal Question in Family Law in Florida
Child support
I don't understand how a dead beat father is allowed to see his child if he fails to pay child support. My understanding is you are not allow to prevent him from seeing his child due to joint custady. My feeling is if you don't pay you are not complying with that responsibility. Therefore, he should not be able to see. the child. What am I not allowed to do that. And how can it be enforced that he has to pay? The child is in FLorida andf the father lives in S. Carolina
2 Answers from Attorneys
Re: Child support
Visitation and payment of child support are separate things and are to be dealt with separately. He is still entitled to see his child because the court has determined that it is in the best interest of the child (that's why it has given custody to both of you). The courts and the law are primarily concerned with the best interest of the child. An action concerning the unpaid child support can be filed in court separately and address only that issue: the unpaid child support. The payment of child support is also about the child and he can be compelled to pay.
Re: Child support
Got to remember these are two separate and distinct issues. Visitation does not depend on child support and vice versa. Visitation is geared to help the child or children and not as a weapon to enforce child support. Same would be a guy who says I don't want to see the children and so I won't pay child support. Sorry but it doesn't work that way. Child support is for the children and their benefit. A wife could remarry a billionaire and the father of the child still must pay child support. The Dept of Revenue can enforce the child support anywhere. His DL can be suspended and his whooping tax refund can be diverted to you.