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PAFamily LAwyer
PAFamily LAwyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 1170
Experience:  JD, Hundreds of Family Law Cases, Custody, Divorce, Support
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I am $16,000 in arrears and my ex-wife has just filed for ...

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I am $16,000 in arrears and my ex-wife has just filed for contempt of court although I pay $300 per month of the $1300 I owe. Can I petition the court for relief in my child support obligation for the 10 months my ex-wife denied me any contact with my boys in contempt of the same court? I understand child support and visitation are separate issues, but can I petition for relief during the time I was denied contact?
Submitted: 8 years ago.
Category: Family Law
Expert:  PAFamily LAwyer replied 8 years ago.

The judge will not let you do this. They will say you should have petitioned for custody sooner, if you were being denied visitation.

There is no offset for support based on lack of custody...

Wish I had a better answer for you.

Customer: replied 8 years ago.
Reply to PAFamily LAwyer's Post: I filed a contempt of court petition and prior to its going to court, attorneys met with my ex-wife and me wherein she was threatened with jail if she interfered with the visitations, or if her new husband interfered, or if her parents interfered. Following that medication hearing at which she agreed to restart visitation, and before visitation actually began three weeks later (so she "had time to prepare the boys to see their father") she filed a suit with a personal injury law firm claiming pain and suffering from a fall the two year old had at the home of my parents wherein he fractured his collarbone. It was a further attempt to intimidate my parents at whose home I see my boys and therefore to deny my ability to spend time with them by threatening my family. the suit was dropped because there was no foundation for it but the threat remains.
Expert:  PAFamily LAwyer replied 8 years ago.
That is an issue for custody court, not support court.
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