Q: Is there a way to get back child support dismissed if visitation was denied?
My husband divorced in 2002. Visitation and child support was agreed upon in court. We were to have his daughter every weekend, every summer, and every other holiday. When we were denied visitation, we stopped paying support. They child is almost 18; we have never had her for a single holiday, had her for 1 month for two summers, and weekend visits stopped after about a year. We rarely get to see her and when we do, her mother governs the when, where, and how long. It is not the agreement that was made in court. The child does not get the support we send, is living in a 3 bedroom house with mom, step-dad, 2 sisters, grandma, and an uncle (I feel is less than desirable conditions). At one point, she was sleeping on the floor with 5 other children when they lived in Durango! We have a bedroom for her, but feel she is afraid to tell her mother that she wants to live with us. Is there anything we can do?
A:
Non-compliance with visitation (or any other part of the custody agreement) does not excuse child support obligations. If a valid support order (including back support was entered), there a very limited means to appeal the determination (most relate to inability to pay or the child not residing with the other parent for extended periods). That said, a family law lawyer would need to review the case to give a specific evaluation of your circumstances. In other words, there may be some relief available, but you will need to contact a lawyer directly.
For the visitation matter and general state of the child's living circumstances, at 18 (assuming no mental impairment) the child (adult) can leave the home and potentially move in with you if both parties agree. Note, this will not change the back support determination.
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A: No. They are two separate issues and child support does not or will not go away just because she denied visitation. Your remedy would be to file a motion to enforce parenting time or a contempt of court. Unfortunately, you are likely in a precarious position should she come after you. Additionally, interest is accruing on the child support at the rate of 12% per year, compounded monthly on each payment.
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