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Ask Walter Your Own Question
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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As a father can I stop paying child support if the mother ...

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As a father can I stop paying child support if the mother leaves the country with the children, With out my concent? Even with joint custody, and if yes what steps can I take to legally stop making payments.

Will she be arrested if and when she returns to the country for kidnapping?


No you are not permitted to stop paying support for any reason without a court order. As far as having her arrested, only if you go to court and request a judge start the process of having her charged with parental kidnapping. If this was a simple vacation out of the country it is unlikely they will charge her with kidnapping but could charge her with contempt.

In the end it is up to the judge to decide if this would be kidnapping or contempt. As for stopping the order you will want to petition the courts for termination based on her taking off with the kids. If the judge agrees he can suspend or temporally terminate the order until she returns.


Customer: replied 8 years ago.
She has been gone for Four months.We do not know if she is coming back she has enrolled the kids in school. She knows that she has to have my written consent to leave the country/or state with the kids it is apart of our divorce agreement.


She is definitely in contempt of court.....kidnapping is a possibility. What you may want to consider is filing a petition in court to demand that she return the children to the states immediately as this is interfering in your parental rights.

You can also request full custody based on her actions as well. Just because she has left the country doesn't mean she can get away with it.


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