Legal Question in Family Law in Georgia
No child support!
My ex-wife owes me a lot of child support. Do I have the right to keep him from her until she pays it? The Custody papers say that I am Primary Custoden but she has unlimited visits. She is suppose to pay support.
3 Answers from Attorneys
Re: No child support!
NO.
The worst thing you can do is to deny visitation. Not only does that harm the child, as the child needs two parents, making it more likely you could lose custody and do serious harm to the child, but also you would be in violation of a court order and could be punished or jailed for contempt.
Additionally, you weaken your ability to enforce support as your conduct will also be on trial.
Re: No child support!
You should not go against the court orders. You may wish to consider filing an enforcement action, if you have not done so.
Re: No child support!
You cannot legally withhold visitation because of her child support arrearage. Nor should you as a practical matter. If you decide to take her to court for, e.g., contempt, you do not want to give her the argument that you are just as guilty of violating the divorce decree. The two issues are separate and distinct.
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