After we divorced, my wife disappeared with my son who I haven’t been able to see in many years. Since I haven’t been allowed my court-ordered visitation rights, I quit paying child support. Why should I pay child support for a son I’m never allowed to see?
Now the state has suspended my driver’s license for being behind on child support. Since my ex is not following through with allowing me my parenting time, is there anything I can do?
Why can she deny my visitation rights but I am not allowed to quit paying child support?
It is terribly unfortunate that your ex-wife has denied you visitation with your child.
A Motion for Contempt alleges that the custodial parent has failed to perform her duties as outlined in the marital settlement agreement and parenting plan.
A Family Access Motion alleges that the custodial parent has refused to provide the non-custodial parent with access to the child. Depending on the facts of your situation, both motions could be utilized to achieve the best result for you and your child.
As frustrating as it might be, even if your ex-wife denies visitation, your duty and obligation to pay child support remains. Most judges are not sympathetic with a father who has failed to pay his child support obligation unless that father had an illness or disability that left him unable to earn a wage.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights, I urge you to contact an attorney immediately.
Cordell & Cordell has well qualified and experienced men’s divorce lawyers located nationwide, including many in Missouri, if you require additional legal assistance.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.