Sacramento, CA asked in Divorce, Family Law and Child Custody for California

Q: If there's a complication with the child support payments between my job and ORS can my ex hold the children hostage

My ex refuses to let me see my children due to a mix up between my employer and and ORS with my child support payments

3 Lawyer Answers

A: What does ORS mean? Separate from that, though, support is independent from visitation and custody. In other words, you do not have to pay support in order to get custody and visitation. If you don't pay your support, you could get in trouble in other ways, but withholding custody and visitation is generally not one of them. Exceptions can exist, of course, like in anything.

Joseph Torri agrees with this answer

A: Your ex should not keep the children from you in violation of court orders for not receiving child support. There are other avenues to deal with the financial issues. Discuss filing a request for order and possible contempt charges with a family law attorney.

A: Child support orders and payments are irrelevant to your and your kids' right to see each other. Child custody/ visitation orders must be obeyed, otherwise you can file a contempt motion against the violating party. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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