Legal Question in Family Law in New Hampshire
What to do?
My step daughter and her father moved to New Mexico in June of 2005.
This is the first summer we are sending her up to New Hampshire to visit her mom. We have already bought the plane ticket, and she has still not sent her half of the money. We still plan on sending her but want to know if she doesn't send us the money, if my step daughter can stay with her grandparents instead of with her mother. She would still see her mother but we don't feel its fair that she gets her without having to pay. Her mother does not pay child support, and this is the only time we ask her to pitch in for anything. Are we out of line????
Few other notes...Her mother does not consistently called her...its been over a month since she called her. AND she did not send birthday or christmas presents to her. We are very confused as to what our rights our in regards to telling her mother if she doesn't send the money then we are not letting her stay there.
1 Answer from Attorneys
Re: What to do?
This is a great question. However, the guru will need a little more information in order to give you a more full answer. First, you did not say from what state was the divorce decree and whether it stated that dad had/has custody or not. This is important. If dad has legal custody does he have a parenting plan with the mother? Is dad required to send daughter to NH or is he doing this because it's the right thing to do? The next question is why does the mother not pay the child support - & that's a legal question. Does she not pay because the court ordered that she not pay or is she supposed to pay but simply does not pay. Depending on the answers to these questions the answer that the guru gives back will make more sense.
The general rule in NM is that you cannot tie child support to child visitation. That means that if mom does not pay and dad is ordered to send daughter to NH then he cannot refuse to do so simply because she does not pay. Now, the reality may be that dad may not send daughter because he cannot afford to send her unless mom sends her share of the money. You can see how that is different. One is punishment and one is economics. However, in the end, dad should follow the terms and conditions as set forth in the court order. If dad wants to change the court order then he should take appropriate steps to do that.
I hope this answer has helped out somewhat. Good Luck.
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