Do I have to pay child support if my ex keeps me away from my kids?

Yes. Child support should not be confused with custody and visitation. Every parent has an obligation to support his or her children. With one narrow exception, no state allows a parent to withhold support because of disputes over visitation. The exception? If the custodial parent disappears for a lengthy period so that no visitation is possible, a few courts have ruled that the noncustodial parent's duty to pay child support may be considered temporarily suspended.

No matter what the circumstances, if you believe that your ex is interfering with your visitation rights, the appropriate remedy is to go back to court to have your rights enforced rather than to stop making support payments.

Copyright 2005 Nolo

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Connie - July 6, 2006 5:03 PM

My husband and I would like to move to SC. What are the laws pertaining to spousal income? I have my own children to support and do not wish to pay my husbands ex-wife any of my income.

Concerned Friend - July 8, 2007 10:31 PM

I have a question...my roomates brother just got out of jail and he is behind on his child support. The mother is horrible with letting him see his daughter. He has tried to contact her several times and she refuses to let him spend any time with her. With his release and trying to find work he has no money to take her to court...what are his options? I am not familiar with family laws or courts...just a concerned friend! PLEASE HELP

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