Q: I'm still married but living separately and she is keeping my son from me do I still have to pay without a court order
A: If you are the biological parent, yes. Each parent must support the child until age 21 unless the child is emancipated at 18. Speak to an attorney about a possible custody petition in order to see your son.
A: First, I assume you are referring to paying child support.
Most likely, yes, you still have to pay.
Based on the limited facts provided, the best course of action is probably to bring either a "show cause" hearing, a petition relating to contempt, or a custody petition. However, first, you would need to have a custody order in place. If you are paying child support, I assume you have a custody order. Under the circumstances, the prudent course of action is to go to court, explain the situation to a judge, and get the court to order visitation to remain and you could also bring up the child support payments at that time. I agree with Ms. Moccia in that it is highly unlikely that child support would be eliminated or reduced on this basis.
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