Legal Question in Family Law in Virginia
What are my rights as a custodial parent when the non-custodial parent does not pay his child support as court ordered? Even when DCSE does not enforce his responsibility as a parent to pay child support? Especially when the non-custodial parent's new spouse continually harasses me? Am I able to withhold visitation?
1 Answer from Attorneys
The courts will rarely, if ever, approve withholding visitation as a penalty for failing to make child support payments. If he is actually behind, as opposed to being late, your best approach is to petition the court to hold him in contempt; if he is consistently late, though not in arrears more than a month, you can also ask the court to enforce its order. Often the court will require the offending party to pay the reasonable attorney fees of the injured party.
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