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Can my ex-husband see his son if he has not paid child support?

Salem, OR |

My son is 14 months old, and we have been trying to get divorced since my son was 2 weeks old, I have already let the child support offices know of our separation since the day he left. However, they cannot do anything until the divorce is final along with the parenting plan. Does that mean that he will not have to pay the child support for this last year? If so does he still have the right to see him?

Attorney Answers 3


  1. Best answer

    It looks like the fact that you don't have an attorney will be costing you many months of child support. Consult with a divorce attorney ASAP and don't rely upon Child Support Division to get the child support order started. The child support order can and SHOULD be contained in your divorce judgment, which CSD won't do. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.


  2. The child support division does not have to wait for your divorce to be finalized. Sometimes they let the child support get handled by the court in the divorce instead, though. The child support division can only back date to the date of your request for support and a court can only back date to the date your petition is served. Child support is separate from parenting time - so he can visit even if not paying support. You should consult with an atto

    My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting. Shannon L. Hall, Attorney at Law (Licensed in Oregon) 245 East 4th Avenue, Eugene, OR 97401 Phone: 541-434-2411, Email: Shannon@GoodOregonLawyers.com


  3. No, you can't refuse to let your co-parent have required parenting time if he doesn't pay support. The right to see a child is independent of whether a parent is paying child support. Lots of parents pay support for children they never see.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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