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If my ex is not paying his court ordered child support do I have to let him see the children?

El Cajon, CA |

My ex husband is supposed to pay $350.00 in child support and $130.00 for medical each month. He is not paying it because he is getting kicked out the Marines and is unemployed. He has visitation with our 2 children on Tuesdays and Thursdays from 4 to 7pm. I have to leave work early and pick up the kids which is in the opposite direction of the half way point where he's supposed to pick them up. I am in jeopardy of losing my job because I have to leave work early to do this. Then at times he does not even get the kids and I have lost time and money. My question is; do I have to continue taking the kids to the half way point since he is not paying child support and half of the time he does not even pick them up; or do I have to go to court to get the visitation time and location changed

Attorney Answers 3


The two rights and responsibilites are not a trade-off. You need to go back to court to change the custody/visitation arrangement; you can also address the child support enforcement issue with the court at that time. You may also wish to contact your local office of the Cal. Child Support Services Department, or their statewide website.

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Disobeying an order for visitation is as serious as not paying child support and can subject the custodial parent to a motion to switch custody. You need to file a motion to enforce his child support obligation and to modify the visitation schedule.You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).

You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).

Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.

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You need to go to court and get the visitation time and location changed. Do not keep the children from him as this may come back and hurt you.

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