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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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A, I required to pay temporary support if there is no visitation?

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A, I required to pay temporary support if there is no visitation? We had a court order 20 months ago which was two months before my son was born. We reconciled and I am not sure it is still in effect and I don't know how to find out. That order required me to pay the bills. She currently has physical custody of our son and we don't have a formal visitation agreement. She uses my son as leverage and will not finalize formal visitation while we are going through the divorce. This should be resolved when we get to court, but in the interim if she refuses me access to my son, do I have to continue to pay? We live in TN. Thanks.
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Isn't there a court order in your divorce proceedings for temporary custody, support AND visitation?

Thanks
Customer: replied 4 years ago.


We have no court order pending divorce proceedings. We both have attorneys and hers has continually delayed meeting with my attorney to formalize and mine is generally unresponsive so I only have a verbal agreement on when I can see my son. When I pick him up she requires me to give her a written note when I am picking him up and stating when I will bring him back.

Hi Cheryl,

There should be a Temporary Order of Custody, Support and Visitation that is entered by the Court pending the finalization of the divorce.

Once there is a formalized Order, there will be no need for notes, prior notifications, etc. The dates and times for visitation will be laid out in a Court Order. Such an Order will make it easier for both parties. Further, if one of the parties fails to comply with the Court Orders, the other party may file a Petition that the other party be held in Contempt of Court for failing to comply with the Court Order.

However, you can't force a parent to become a good parent. I say that because there are parents are who are given visitation and then they don't visit the child(ren). The court can't force the parent to visit the child.

But, if the parent w/o custody is not paying support as ordered, or is continually late returning the child(ren), then, again, a Petition for Contempt of Court may be filed against that parent.

You REALLY need to set up an appointment with your attorney and have a "heart to heart" conversation. Either the attorney is going to REPRESENT you, or not! If so, then s/he needs to get on the stick and have Temporary Orders entered. If the other side objects, then there can be a hearing. But in either case, the matter(s) can be resolved and then an Order entered by the Court. Only WRITTEN court orders, signed by the judge, can be enforced.

I hope you find this information useful.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line

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***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd and 8 other Family Law Specialists are ready to help you
Hi Cheryl,

By the way, the answer to your question about child support is YES. The person without custody must pay support (in almost all cases) whether or not there is visitation. You can't withhold visitation because a person doesn't pay support. But, you can't force the parent to visit with the child. But, again, support and visitation are separate matters. One is NOT dependent upon the other.

I hope you find this information useful.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Hi Cheryl,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd