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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Can a father who is behind with child support (two months)

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Can a father who is behind with child support (two months) see his children? Their mother is refusing to let him see them. He is an eight year veteran of the Air force who came out due to his wife having an affair and leaving their overseas base while he was deployed. He hasn't been able to stay close to the children and find a decent paying job. What recourse does he have in seeing his children? He can't afford an atty.

Thank you for your question. Please permit me to assist you with your concerns.

To answer your question directly, child support and visitation are completely separate issues. A parent who is behind on support has as much right to see their children as someone who is fully paid up. Using he reason that a parent is behind on child support as a means of withholding would violate state law. He has a very legitimate recourse that does not require counsel--he can file via the courts for a 'motion to compel', which is a request that the ex be compelled by the courts to grant access. If she still refuses, then he can file for a petition for 'contempt of court order'. If the ex is found liable, she can be admonished, fined, and even jailed for not allowing him access. But she has absolutely no legal right to withhold since his failure to pay is not contingent on seeing the children.

Hope that helps.

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