Other parent is on supervised probation for class c felony with multiple violations. At this point, he is now 13000 dollars behind in child support. Can I modify visitation based on this?
Generally speaking, a parent's right to contact with his/her children is separate and distinct from that parent's obligation to support the children. Though his conduct (in ways other than simply non-payment of support) may give you grounds to modify the amount of contact with the minor children, generally failure to remain current in support obligations is not grounds to limit access to the children, especially if that parent did not have the demonstrable ability to pay the support during the period of time that the payments were not made. Please immediately consult with an experienced family law attorney who regularly practices in the county where your original judgment was entered, to discuss all the specific facts of your case and determine whether you have sufficient grounds to proceed at this time.
The specific facts are different in each individual case, my response is provided for general, informational purposes only and should not be construed as specific advice directed to any individual person. Since I have not had the opportunity to review all the specific facts and any supporting or explanatory documents in this matter, this general opinion should not be relied upon in your specific case. This communication is not intended to create an attorney-client relationship with any specific person and should not be construed to create an attorney-client relationship by any individual.
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