Leland, NC asked in Family Law and Child Support for North Carolina

Q: I am ordered to pay child support but ex husband has never enforced it now he wants to go against our custody order

Telling me I can’t get my kids on my Christmas if my husband is here. I was married when we had the custody battle and it doesn’t say my kids can’t be around my husband at all in the order. Can he have me arrested for not paying child support if he hasn’t enforced it? I told him I needed the info to have it directly taken out of my paychecks and he never gave me any info and hasn’t said a word about child support until I brought up the custody order and it being my Christmas. So could he file a complaint and have me arrested? I wanna go get my babies for Christmas because next year is his year and he’s not gonna let me get any time with them on his holidays

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Jacksonville, NC
  • Licensed in North Carolina

A: Custody / Visitation and Child Support are two different things. He cannot legally withhold visitation that is court ordered because you have not paid child support. Nor can he have you put in jail. He can and certainly should seek to have the child support enforced but whether or not you go to jail for non-payment is not up to him. Both of you essentially need to start doing right - you need to pay your child support and he needs to provide the ordered visitation - using the kids as pawns to play games with each other just hurts them not really either of you. Best of luck.

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