Legal Question in Family Law in Massachusetts
child support/visitations
If it is court ordered(DOR) that the non custodail parent pay child support and they have not made payments regularly can I stop visitation with my children and the non custodial parent?
2 Answers from Attorneys
Re: child support/visitations
Absolutely NOT. They are separate matters.
Child support is not payment for consortium with the child. If you use this as an excuse to end visitation, you will be in contempt of court.
If the non-custodial parent owes support, file your own contempt action and enforce the child's rights in a proper way. Note that, if you have an attorney's assistance, the attorney is entitled to be paid by the other parent if the other parent is found in contempt.
Re: child support/visitations
You should keep the issues of custody and support separate. Neither one is a reward or punishment for the other.
If the non-custodial parent is not meeting his or her support obligations, you should file a complaint for contempt in court.
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