Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?
Ex is behind $14,000 per our divorce decree and never took any of his visitation.
I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.
To the extent he isn't paying, any efforts on your part to have him held in contempt or to modify the existing child support order are going to be handled on its own independent track. Likewise, any issue related to custody (contempt or modification) are going to be handled on its own independent track.
Child support payments should be owed in a consistent manner - the amount owed per month should be the same regardless of whether he had any visitation scheduled during that particular month.
David Allan King agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.