Legal Question in Family Law in Florida
what rights does my babies dad have if he dont pay child support. and we have never been married and he is married to someone else.. do i need to apply for custody..since i am the mother and they live with me..he has a court order to pay support
Asked on 7/01/10, 9:16 pm
2 Answers from Attorneys
Carolyn Jones
Law Office of Carolyn R. Jones
Visitation and Child Support are two separate issues. You cannot use nonpayment of child support to keep the child's father from having visitation. You can file a motion of contempt for nonpayment of child support.
Answered on 7/02/10, 3:21 am
Lucreita Becude
Lucreita D. Becude, P.A.
As my colleague states, file a motion for contempt and have him brought into court to force payment. I don't beieve you need to worry about custody - if you have a child support order then you are the custodial parent.
Answered on 7/02/10, 6:14 am