Family Law Questions? Ask a Family Lawyer Online.
Dear Customer - Child support and visitation are separate issues and one does not depend on the other. It is the mother's responsibility to insure the visitation of the child and it is not up to the child. If she is violating the visitation order then you need to file a motion for contempt against her and ask for attorney fees.
As for the extra curricular activities, if you have agreed to the activity then according to your order you would have to pay half. If you don't agree to the activity then you would not be obligated to pay. Child support is generally based on the respective incomes of the parties and not some private agreement so I can't tell you if the child support you pay is equivalent of what would be called for if the court guidelines used since I do not have access to enough information as to finances and the formula used etc.
You can't protect against the child support if the incomes warrant more money but you certainly can enforce your right to your visitation.
my child support is based on 90 overnights...i dont want to make him visit as he misbehaves and just wants to go home cause mom said he can do what he wants..tired of spending money on lawyers and court is 1500 an a court appearance.
That is your choice if you don't want him to visit. I thought from your question and facts that you were concerned about the visitation. If child support is the only issue then I'm not certain what your question is. You have the set amount and if you don't agree tot he activity it would appear you don't have to pay. Beyond that I don't see a problem.
I understand and that is why I said you can force the issue of visitation by filing a motion for support. But you then said you didn't want him to visit so you can't have it both ways. If he spends less time and she files a motion for an adjustment in child support then you could be in a situation where you would have to pay more because he spends less time with you. So you have to decide whether you want to enforce the visitation or allow her to claim that the visitation is such that she deserves more child support. Obviously I can't make that choice since all I can do is explain your legal rights under the circumstances.