If my ex will not pay child support does he have the right to see his son?

Wildflower

Even if he doesn't, for the sake of your son you should make sure he gets to see his daddy. Don't take it out on your son, to try to spite your ex. My mother did this years ago with my own father (and he DID pay the child support), and I still resent her for turning my brother and I against him when we were too young to understand.

Teresa

Failure to pay child support does not give you the right to deny visitation.Don't punish the child because of the fathers actions.

bosco

yes, child support and visitation rights are two separate issues.

Lisa H

alright,,i have been in this situation myself before,my dad never paid his child support to my mom ever,and my mom would get so angry at him,(rightfully so) and tell him that if he didn't pay it that he couldn't see me or my sister, now i am 35 yrs old and i barely have any kind of relationship with him..i know that it is upsetting to you,you probably need that money and well the child is his responsibility as well and it's not acceptable for him to not do his part,,but,,,don't let your anger and frustration at the lack of financial support cause you to do something that won't only punish him,but will also punish your son as well..your son shouldn't be worried that he can't see his daddy because of money..that's not fair..if he's not paying then you punish him the legal way,go to the courts and make them aware that he is not paying,,he can be arrested for such things like that..check in to having his income taxes garneshed.(sp)....and whatever you do ,,do not worry your son with the money asspects of all of this,,trust me,it will hurt him alot more then it will your ex-husband and you don't want that...good luck.

Maryn

mlmar's got it right.

Whether a parent pays child support is not related to whether he has visitation rights. Withholding visitation rights can get the custodial parent into just as much trouble as failure to pay child support.

john r

i think he does-but he should accountable for not paying

Jennie

Yes, and you should not try to stop him visiting his son. His son needs him, whatever your financial squabbles may be.

ohiofirefighter42

Yes he does get to see him...they are two seperate issues....his support payments are not some type of rent he pays on the child...hes a deadbeat for not paying....but even deadbeats have rights...... so by logic if he pays extra does that mean he gets more time?

Damocles

Technically, yes, but many a spouse has withheld visitation when child support is owed. See, if he takes you to court about it, you can bring up his non-payment, and he will get in bigger trouble than you.

Before you do this, however, consider what is in the best interests of the child. That is way more important than being able to use the child as a weapon against your ex. If your child is better off seeing deadbeat dad, then I would not play this trump card.

Blues

He sure does! Child Support has nothing to do with visitation.

Dashing Geek

In most states, yes. Payment of support and visitation are two separate issues.

mom

He does, until you go back to court to report that he is not paying. He's a 'deadbeat dad' and there are laws against it.

Call your lawyer asap.

Tanya Lynn

Unless you hire a lawyer, and get his parental rights stripped from him in court and papers are served to him, yes he still has rights to see his child. It's very frustrating to have someone not do their part in paying for the child to help raise them but all courts will say that even if he is not paying he is still able to see his child. But you can go to court and have him held in contempt for not paying. Good luck.

MISS H

Unfortunately he can evade support and you still have to honor the visitation. However, file on him and get him back into court. It is his responsibility to notify of any address or employment changes directly to domestic relations! I don't know of many judges who are too patient with someone who seems to be so blatantly evading! By not paying he is in violation of a court order and could do some jail time.
File on him and make him live up to his responsibility. Best of luck!

mobileminiatures

Yes he does, but he also has the right to go to jail... It has been my experience that the collections dept. is very thorough, why is he getting away with with holding payment ???

Rudy H

You should contact the prosecuting attorney and get a visitation rule in writing. To the best of my knowledge, not paying support does not mean he can't see his kid(s) and if you try this you could be held in contempt of a court order

BE CAREFUL!!!!!

And just because you restrict his rights to see his kid(s) doesn't mean he will pay support. Some guys are just out right scum bags when it comes to living up to their responsibilities.

the Phoenix

Sorry yes he does- money does not buy the rights to our children- love does and who are you to stop him loving his son. It causes pain to both child and father and unless the father is abusing that child in any way no mother has any right to stop visits from daddy. Stop using your child as a pawn because you are angry with his father- its not fair. There are courts to take care of non payment- you cannot play God with peoples feelings. If you love your child then be mature about this.

YodasTatoo

Bosco and mimo are right: just because he breaks a part of the decree doesn't mean that you can too. My son's biological dad is 11 months behind on child support, but we still have to let him go over every other weekend.

dad

Yes he does have the right to see his kid . Support and visitations are two separate things .

Why are you being so cruel to the kids ? You divorced him not the kids . I have my kids and my ex doesn't give me a dime but still my kids love her .

Stop playing silly divorce games with the kids lives . Try to show your kids a better way then what you know so they do not have to go through what you are going through when they are grown

frank61799

yes he does have the right to see his son. as far as thechild suport goes DOR will catch up with him it will take them time though.They will do things in the nature of taking his tax returns, suspending his drivers lisence, putting him in jail and doing a work release program, in some states failure to pay suport is a felony. Having him picked up and brought back into court is easy because it is failure to follow a court order.

jesspartylite

Yes! You cannot legally keep him from his child with or without payment of support. If it means that much to you, contact your attorney and have him arrested for comtempt of court. They'll arrest him and he'll have to pay court fees and back support. If you are not willing to take the initiative though, you're out of luck. Be very careful, if you refuse to let him see his child, he can (and very possibly will) show up on your doorstep with the police and then you will be in comtempt of the custody agreement. As others have said, they are two very seperate issues. I would not refuse and I would contact my attorney immediately! Good luck!

Kaden H

Take it to court.

Salt&Pepper Apricot

No, but don't take away the child's visits with his/her dad. That will hurt the child more than it will his/her dad.

Tom P

That would depend on the particular language of your divorce paperwork and the laws of the state you live in. I would definitely NOT hold visitation until you consult an attorney and take him back to court.

Keep in mind as well, by withholding visitation it seems like you are using your son as a pawn to get money. . . .

free_angel

NO! He's a deadbeat dad and you need to treat him like one.

Fl. Guy

yes, they are seperate legal issues.

Sorry, i'm sure that's not the answer you wanted.

tell the scum bag if he doesn't pay up you will put his e-mail on YA.

landcannon42765

All The pissed off ladys will say No!!! but as i know for a fact with a buddy of mine he will not pay his for the fact that his boys never get to see a dime of it and she wont let him see them she takes the money and gets drunk r stoned. but if u r court order to let him see the kids then if u don't it is u braking the law even if it is him not paying and this is not me saying that u r like my buddys ex so plz don't think im saying that it was just what i know y he wont pay his ok

Cassiea B

no not at all are crazy to let him see him that is not right of him to do that just because you and him are not together

Benita

Uhm well yes if there is a visitation/custody order in place. Otherwise you call the shots. If he isn't paying you or helping you support your son why should he get to enjoy him and spend time with him? Thats just me. But I was also someone who was burned by a man who tried to tell me to basically **** off and that he wasn't paying but that he was going to take my daughter and let his mom raise her part time. NO WAY. Stand your ground. If he wants to see his son and there isn't an order in place let him spend the money and time to take you to court and get a lawyer all to stand in front of a judge and tell them that he doesn't do a damn thing for his son. Thats the way I see it. Oh and I would just like to add that a father who doesn't support his children financially isn't a father at all. Your more like a friend. Being a father is a big responsibility. You can't take on just half of it or just the portion that you want to. It doesn't work that way. He needs to pay. Hope this advice helps!

*** I also wanted to add to this for those of you that believe child support has nothing to do with visitation. Yes they are 2 seperate issues and 2 seperate court visits. But one has ALOT to do with the other. If he walks into a court room and the judge looks at the amount of support paid vs. what is ordered and it is a significant difference his visitation will get cut down quite a bit. It DOES play a big role in whether or not you get to see your kids. The only difference is the court process.***

blueeyes

not unless there's mutual custody....you have the right to say if he can see the child or not

Cherish

I think that is amazing how people think one has nothing to do with the other. I am assuming that the deadbeat expects to pickup his children, or have then dropped off, well fed and clean. Well food and clothing don't come cheap or free for that matter. Where the hell does the dead beat think the food his children is eating is coming from. Take his, or her as the case sometimes is, beind to court and let him explain it to the judge. I have to drive 50 miles to drop my kids off to their dad every two weeks. The tolls and gas cost me in excess of $30 each time. Why should I have to incur this expense when he hasn't paid a dime in support since we split over 8 months ago. Yes, I do it because my kids want to see their dad and because you know what, I need a break sometimes. I am taking him to court and let's see what happens there. Good Luck!

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