My ex husband had surgery and refuses to exercise his parenting time. He has a wife who can do the transportation or we offered. It has been over 2 months! Minor back surgery is what he had. He has had no communication with the children, both of whom are teenagers. Not a text, call, nothing. He gave me 24 hour notice of his surgery, which he knew about at least 4 weeks prior, according to our foc office. What can i do? The children are so angry at him they don't want to see him whenever he finally reinstates his parenting time. He has every other weekend and 3 hours on Wednesday evenings. Does he have to pay extra child support (he has not exercised 24 days so far this year). He also did not modify support and i am only getting half of the payments. What do i do?
The father is not required to exercise his parenting time. It is very sad that he chooses to not see his children. However, he must continue to follow the court order to pay child support even if he is not seeing the children. If he continues to not see them, you can ask for child support to be recalculated to reflect the number of actual overnights he is having with the children.
The opinion that I express should not be considered to be legal advice that can be relied on. It is based only on the limited amount of information provided rather than doing a thorough review of all of the important information that is required to give accurate legal advice. You should consult with an attorney that has extensive background in the area of the law that your are inquiring about.
I agree that he has the right not to see his children. But he doesn't have the right to stop providing for the children. Also you have rights. You have the right for child support to cover the time that he was going to be providing for the children and is now not doing that. Yes, it's time for you to talk with a family law attorney and get your children the support they need. Good luck,
Ms. Nepton is licensed to practice law in Michigan. The response herein 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Ms. Nepton strongly advises the questioner to confer with an attorney in order to ensure proper advice is received.
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