How close together are child support and visitation?

[whippertizzy]

I posted half of this problem on another board.  My Husband is off on medical leave, and it looks like it is going to be a long time. He is already asking for a mod on child support. In the mean time his ex is denying visititation because she is not getting her money anymore.  My Husband wants a new order all together one that is specific enough that she can't wiggle out of it everytime we call the police(order is vaguest of the vague) One that specifies 1 and 3 weekend. If we could get it more specific I would!  My question is,  Since he is off on medical leave, would that look bad on him in court? We live 3 hours away, and its not worth the drive to get there just to have her slam the door in his face, and the order he has is worthless.  Since he is not able to pay as much in child support, could that factor in on asking for a different visitation order? thanks for all your advice in advance

[ocean]

These are two different orders. You can ask to modify your current order with specific times/dates. You can ask to have both the child support modification and the visitation order heard on the same day but they are separate from each other.

[LizaLou1]

Your DH is in contempt for not paying child support until in gets the actual order to reduce it.  He can't just stop paying because he wants to.

But, having said that, the CP is also in contempt for denying visitation.

Child support and visitatin are not related.                  

If you want a real  legal answer, ask Soc.

Lizalou

[whippertizzy]

well he didn't stop paying it just because he "felt like it", he stopped paying because at the moment he has no income, atleast not until the disibility kicks in.

[sweetnsad]

Your husband's ex is in contempt for denying visitation based on him not being able to pay cs because of his disability.  Visitation and child support are two completely different issues....she is not allowed to deny him access because he can't pay.  I would head to court very soon though, to have the cs modified.  

[LizaLou1]

My point is the court will not care that you had no money.  Good, bad or indifferent, all they care about is the money.  You will be found the contempt and still owe the money with possible interest as well as have a black mark on your record before the Judge.

IMO, I'd rather go into credit card debt than not pay child support.  

As was pointed out file your paperwork to reduce child support and for contempt for denial of visitation --- like yesterday.  In the long run this will reduce your overall burden.

LizaLou