Over the holidays he visited with his child. Should he not be paying something? He must be receiving some type of pension from his company or unemploment. A visitation hearing is up for review. He has not been able to keep his appointed visits made by judge over past few months due to surgery. I had surgery and still kept my visits. Should this not impair/or null his future visits since he did not adhere to the judges orders? If he cannot pay child support how can he afford visits from my son on any lengthy basis. If he loses his job and cannot work will this impair his visitation? Finally even w/o work he is still responsible for some child support isn't he?
Family Law Attorney
Child support and visitation are considered two different issues, and so the father can have visitation even if he doesn't pay support just as he is obligated to pay support even if he doesn't have visitation.
Even if he does not have a job, he should pay at least a minimum amount of child support and child support can also be based upon income received from pension, disability, etc.
The amount of his child support obligation remains the same unless and until a judge enters an order modifying the support amount.
You did not state why there is a pending review hearing on his visitation, but the court can modify visitation for a wide variety of reasons as long as it is based upon the best interests of the child.