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Family Law Answers, Family Law Attorney
Category: Family Law
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Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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I have a 14 year old daughter ( her birthday is XXXXX )

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I have a 14 year old daughter ( her birthday is XXXXX ) whom my ex has turned against me to be hurtful and I haven't had a scheduled visit with her since May 06 when she was 11. No weekends, no vacations, no holidays. My son has always visited when I come to pick him up and I have no idea why she has refused and an initial attempt to resolve the issue through counseling was sabotaged by my ex. My daughter steadfastly refuses any contact when I approach her by phone or in person, and wouldn't even allow an innocent picture to be taken at my son's confirmation last spring. I am at my wit's end but know I haven't done anything to deserve this treatment and avoidance. If she refuses to see me even after I go to court and file contempt charges against my ex for not ensuring my court appointed time with her, can I have my past child support payments reviewed that my ex would have to forfeit? I have paid almost $10,000.00 for my daughter alone in this time. I am very frustrated, I suppose

Hi and thanks for your question.

 

Unfortunately, child visitation and child support are two different issues. Just because you haven't actually had visitation with your daughter would not have an impact on your child support obligation. Typically, a parent's child support obligation may be reduced if he/she spends MORE time with the child, but not less time.

 

That being said, an alternative would be if you were to file a motion for contempt against your ex for his interference with your parental relationship with your daughter documenting all of the times he has discouraged her from visiting with you, and as part of the relief/orders that you request the court order, you could also ask that the court impose financial sanctions against him as a result of his contemptuous and bad faith conduct and his interference with your parental relationship or parental alienation. This is not always common for the court to impose such financial sanctions - it is largely left to the discretion of the court - you may have a strong argument here though given your circumstances, and it's worth the try.

 

I hope that this answers your question (even if it isn't necessarily the answer that you want to hear); if you feel that I did in fact answer your question, please click the green Accept button. Thanks very much and I wish you the best with this.

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