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?
Family Law Attorney
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.
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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
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Family Law Attorney
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.
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