Frequently Asked Custody Question

Parents in a custody dispute often ask the following question:

If my ex is behind on his/her child support is he still able to see my child/children according to the Court order?

The answer to the question is YES. This answer comes as a surprise to many individuals-- the thinking is: "if he/she isn't following the Court's orders there needs to be a consequence." While this sentiment is understandable, withholding visitation is not the proper method for handling the issue of unpaid or underpaid child support. Instead, a person who has not been paid the proper amount of child support can request relief from the court in the form of a Motion for Contempt.

A Motion for Contempt is used when an obligor, or a person who is required to pay, has failed to make their Court ordered payments. The consequences for not meeting an obligation of support can be severe. In fact, failure to pay child support can result in jail time. While it is clear that the Court does take seriously an obligation of support, it does not allow the parent who has not received timely support to withhold visitation.

If you or someone you know is in need of representation in a Family Law case it is important that you have representation so that your interests are fully protected.

Find out more here:

www.austincustodylawyers.com