The judge ordered 50% of my income for the mother. I work seasonally, and this is sometimes really difficult to pay in full. However, I am never more than about 10 days behind. Sadly, and against my will, I am an "every other weekend" dad.
Sometimes, when my "visitation" falls at the beginning of the month, the mother will tell me that I will NOT be able to pick up my child for normal visitation if she does not receive CS in full. These are always email messages, so they are well-documented. Isn't this a type of extortion? Does the judge care about things like this?
Thank you!
dear georgia dad
the support guidelines are not used to dictate visitation
document all cases of visitation denial for this reason and when you get a few file for a motion for contempt.
i have copies of appropriate language when you have 4 or 5 denials documented for the reason stipulated to above.
include her email messages and always print the full email that can trace the origin. for documentation purposes
rini
Child support and visitation have nothing to do with one another.
Extortion or not, she is in contempt of court if she fails to allow your child/children the visitation because your child support is late. File contempt, each and every time.
Take a witness, or call the police, making sure you have your Court orders in hand.
Piece of cake.
Thanks for the input.
Sorry I failed to mention that, faced with not seeing my child the paltry amount I was awarded, I struggled and came up with the money, sometimes from a loan from supportive family members.
Which brings me back to my original question, however: do her threats constitute extortion? This would be a separate issue from actually being in contempt of court by withholding the child. In fact, because her threat was successful, she has NOT withheld the child.
By definition, extortion is the getting of money by threat or misuse of authority. Since the two (CS and visitation) are indeed separate issues, then it would seem the mere THREAT would constitute extortion, whether or not the CS was due to her.
As has been pointed out, if she withholds visitation, it will be the court's job to enforce and punish. Likewise if I do not pay the CS. But for her to demand the money as a condition of following the court order is a blatant attempt for her to enfore the order herself. In so doing, she has extorted the money.
I thought extortion was a felony criminal offense. I also thought a court might frown upon one its subjects taking the enforcment of an order in their own hands. But since this is "family court", these standards are probably not applicable.
Any further input?
Thanks again for both past and future responses!
Maybe it is, I don't know. You could pose that question to Socrateaser...he ROCKS.
While its in your best interest to keep current on your support, if you want to test the waters, be late with the $$$, and see what she does do. (That's only a suggestion, not a recommendation. You could always go with money in pocket just to be safe ;-) )
Take along a friend and a camcorder. But that's being sneaky. How dare I suggest that? )(
YOU HAVE TO GO TO COURT AND FILE A PETITION FOR HER FAILURE TO COMPLY TO YOU SEEING YOUR KID OR KIDS? SHE IS VIOLATING YOUR RIGHTS AS A FATHER. BUT BEWARE, BE READY TO ANSWER WHY YOU ARE ALWAYS LATE ON YOUR CHILD SUPPORT PAYNMENTS. THAT IS THE COURTS ONLY CONCERN. ALSO BE CAREFUL NOT TO DICLOSE ANY NEW INFORMATION ON ANY EXTRA INCOME! GOOD LUCK!