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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Comments (4) Read through and enter the discussion with the form at the end
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

father - November 20, 2009 5:27 PM

What can be done if the one parents is not telling the truth about their income so the other parent will have to pay more money. I don't make enough money to hire a lawyer and my ex makes plenty and has a lawyer on constant retainer. She make about 80 thousand dollars per year and says that she is only making $900.00 a month. I also recently got pulled from active duty and am making much less than I was how can I get a reduction when I have no money for a lawyer.

the fiance - December 10, 2009 4:19 PM

My fiance is now serving time in prison for failing to pay child support for 3years out of the 10. Was currently paying child support at the time until prison. Now that he is serving time his ex-wife left town with his child after she had him locked up. Could the case now be dropped or suspended. She didn't even allowed him to visit his child either since she was 2. What could be done now?

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