I am divorced and have to pay monthly child support and have not been able to pay because I can not find a job. My ex-husband said if I go and see my kids he will put me in jail even if its my days to see them. Is he legally able to do that.
Family Law Attorney
Absolutely not. If there is a warrant out for your arrest, he could call the police, but he cannot have you arrested for failing to pay child support or trying to see your children. In fact, if he fails to let you exercise your court ordered visitation, you can bring him up on civil contempt charges and seek jail time for him as well as make up time for what visitation you missed. Failing to allow you your court ordered time can also be classified as custodial interference, a Category D felony. If you have not already done so, you should seek to have your child support modified (lowered) based on your unemployed status. If you have a case open with the DA's office, you can do it through them. Otherwise you have to file in your divorce case.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
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Family Law Attorney
Visitation cannot be withheld as punishment for failure to pay child support. If you do not pay as ordered, he can request you be held in contempt. If he does not permit visitation as ordered, you can be held in contempt. Your remedy is to go to court to request a modification of child support based on your not having a job. I do not know what your current order is, or how many children you have, but know that the minimum required is $100 per month per child regardless. So for example, if you have 3 children and your current order requires you to pay $400 per month, the best result you will get from court is an order for $300 per month - - generally not worth the filing as you should be getting a job and then your child support will go back up. You should be paying something each month even if you can't afford the full amount. The children still require support.
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