Legal Question in Family Law in Georgia
My ex-husband owes $2400 in back child support. Do I have to honor visitation? I live in the state of Georgia. Also, what is the process for obtaining supervised visitation? Because of things my children have told me, I am very concerned about their well being while they are in his "care".
Thank you very much.
2 Answers from Attorneys
You cannot deny visitation as self-help for non-payment of support. If you have a problem with support you take him to court. If you violate visitation, you will anger the judge, draw attention away from the support, risk losing custody and possibly land in jail.
You should file a motion for contempt regarding the back child support. If he is chronically late and ignores court orders, he may wind up in jail.
However, visitation isn't tied into child support payments. Therefore, you cannot withhold visitation.
If you believe your ex is endangering your children, you may want to call child protective services. The agency will launch an investigation and talk with your children. If the children's allegations are founded by the agency, you should be issued their report. At that point, you will have evidence and support for your request for supervised visitation.
However, in many instances, if there isn't a report, judges are leery of claims of child abuse or negligent from the custodial parents. Unfortunately, in some instances, parents use their children as pawns and make unfounded allegations. Therefore, a report from an agency about negligent will provide credibility to your claim.