Q: Can I require ex to handle visitation transport if he stopped child support?
I have joint custody of my child, and I am the primary custodial parent. My child's father has stopped paying child support, and he currently owes over $9,000. According to the court orders, I am responsible for driving 1.5 hours to drop off and pick up my child for his visitation weekends. Since he is not paying child support and has reportedly no intentions of working to start paying again, can I legally require him to pick up and drop off our child at my residence?
A: You can file a motion to modify the transportation provisions of your custody order.
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A:
It’s understandable that you're feeling frustrated with the situation, especially since he has stopped paying child support and isn’t planning to resume payments. While the current court order may outline your responsibility for transportation, the non-payment of child support could potentially be a factor in revisiting or modifying that order. However, changing the visitation transport terms would require either his agreement or a modification of the existing court order.
One option is to attempt to negotiate with him directly to address the transportation issue, particularly since his failure to pay child support may make it reasonable for him to handle the driving responsibilities. If direct communication doesn’t lead to a resolution, you may need to file a motion with the court to request a modification of the order based on the fact that he is not fulfilling his financial obligations. The court may consider the non-payment of child support as a valid reason to revisit the transportation arrangement.
Before proceeding with a court motion, you might want to consult with a family law attorney to understand the best approach, especially since the court could take a variety of factors into consideration. A legal professional can help guide you through the process of requesting a change in the order.
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