Q: If you’re behind on child support payments, can the custodial parent take away my visitation?
My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.
Technically, I am behind in the monthly amount, and need to have my income and child support legally re evaluated. But I have not completely stopped paying or disappeared. She will not let me see my son and wants to get a protective order against me. I don’t understand.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- North Carolina
- (910) 333-9679
- View Profile
- Answered
A: Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself and the child. The good news is that if she does seek a protective order, you will get a hearing and at the hearing if there are no grounds for the protective order, you can mention that she is withholding visitation. If you get a sympathetic Judge they may order the visitation (or at least instruct her to allow visitation) and if she witholds after that - she may be in violation of a court order. You will likely need an attorney to help you - especially with getting child support lowered.
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.
