Showing posts with label Child. Show all posts
Showing posts with label Child. Show all posts

Monday, June 10, 2024

Child Support Obligations: Can You Stop Paying If You Don't See Your Kids?

Opinion Article: Should Parents Stop Paying Child Support if They Don't See Their Kids?


When a couple with children decides to divorce or separate, child support payments are often put in place to ensure the well-being of the children involved. However, what happens when a parent no longer sees their kids? Can they stop paying child support? This is a complex and often controversial issue, and there are arguments for both sides.

The Ethics of Stopping Child Support Payments

Some parents argue that if they are no longer seeing their children, they should not be obligated to financially support them. After all, child support payments are intended to provide for the child's basic needs and help maintain their standard of living. If a parent is no longer part of the child's life, why should they continue to bear that financial burden? However, this argument rests on the assumption that the only reason for paying child support is to cover basic needs. In reality, child support is intended to ensure that children have access to the same standard of living they would have had if their parents had not separated. This can include things like extracurricular activities, vacations, and college tuition. If a parent stops paying child support, they are not only failing to support their child's essential needs, but they are potentially depriving them of important opportunities and experiences.

The Legal Obligations of Child Support Payments

Legally, the obligation to pay child support is not dependent on whether or not a parent has contact with their child. Child support orders are based on various factors, including the income of both parents, the number of children, and the time the child spends with each parent. Just because a parent is not seeing their child does not mean they are not still responsible for their financial well-being. Violating a child support order can result in legal consequences, including wage garnishment, fines, and even jail time. It is crucial for parents to seek legal advice if they are struggling to make child support payments, rather than simply stopping them.

The Emotional Impact of Stopping Child Support Payments

Beyond the legal and financial aspects, stopping child support payments can have a significant emotional impact on both the parent and the child. For the parent, failing to meet their financial obligations can lead to guilt and shame. For the child, it can feel like a rejection, and can damage their sense of self-worth and security. It's crucial for parents to remember that even if they are not seeing their child, they are still an important figure in their lives. Financial support is just one way that a parent can show their love and commitment to their child.

Compromise and Alternative Solutions

In some cases, it may be possible for parents to come to a compromise or alternative solution regarding child support. For example, if a parent is not seeing their child due to a custody dispute, they may be able to negotiate a new custody arrangement that satisfies both parties. If a parent is struggling financially, they may be able to come to an agreement with the other parent about lowering the child support payments. It's important to remember that the ultimate goal of child support is to ensure the well-being of the child. If parents can put aside their differences and work together to find a solution that benefits everyone involved, both they and their child will be better off.

The Importance of Seeking Legal Advice

If a parent is considering stopping child support payments, it is crucial that they seek legal advice first. There may be options available to them that they are not aware of, or consequences that they have not considered. An experienced family law attorney can help a parent understand their legal obligations and rights, and can provide guidance on how to navigate difficult family situations. They can also advocate for the parent in court, if necessary.


At the end of the day, there is no clear-cut answer to the question of whether parents should stop paying child support if they don't see their kids. However, it's important for parents to remember that child support is not just about covering basic needs – it's about providing for their child's overall well-being and ensuring that they have access to the same opportunities as their peers. If a parent is struggling to make child support payments, they should seek legal advice and explore alternative options, rather than simply stopping payments. Child Support in Custody Matters-Child,Custody

Monday, February 5, 2024

Enforcing Child Custody Orders: Seeking a Contempt Hearing when Ex Violates – What to Do

How to Handle a Violation of Child Custody Order: Seeking Contempt Hearing


Child custody orders are legal agreements established by the court and expected to be followed by both parents. These orders are essential in protecting the child's best interests and ensuring they maintain a healthy relationship with each parent. However, violations of child custody orders do occur, and they can negatively impact the child's life and that of the custodial parent. When traditional remedies fail to resolve a violation, a contempt hearing may be necessary. This article will cover what constitutes a violation of a child custody order, steps to take when seeking a contempt hearing, and the potential outcomes.

What is a violation of a child custody order?

A violation of a child custody order occurs when one parent fails to comply with the terms of the agreement set out by the court. Violations can take many forms, including:
  • Failing to arrive at the agreed-upon location to exchange the child
  • Denying visitation rights or access to the child without legitimate reason
  • Visiting or making contact with the child outside the designated times or locations
  • Removing the child from the state or country without the custodial parent's permission
Under such circumstances, the aggrieved party can take legal action to enforce the agreement and protect both their interests and the child's best interests.

Steps to take when seeking contempt hearing

When traditional remedies, such as communication and mediation, fail to resolve a violation, the next step is usually to seek a contempt hearing. Here are the steps you should consider when seeking a contempt hearing.

Document the Violation

The success of a contempt hearing largely depends on the evidence presented by the aggrieved party. It is essential to document all violation instances that have occurred and produce them as evidence in court. Gathering evidence may include:
  • Saving text messages or emails between you and your co-parent discussing the agreement's terms
  • Record visitation times and any missed visits
  • Preserve voicemails or record phone conversations if you suspect your co-parent may deny access to the child
  • Gather any witness accounts from people present during a violation

Filing a motion for contempt

Once you have gathered substantial evidence, the next step is to file a motion for contempt with the same court that issued the original child custody order. Your motion should outline the specifics of the violation, citing dates, times, and locations where the custody order was breached. Ensure that all details are included in the motion to give the court a complete picture of the situation.

Attend a hearing

If the court accepts your motion, it will set a hearing date. During the hearing, you will have the chance to present your evidence and explain how the violation impacts the child's welfare. It is best to engage a qualified family attorney to help you prepare your arguments and evidence to increase your chances of getting a favorable outcome.

Potential outcomes of contempt hearing

The court's decision on contempt hearing varies depending on the severity of the violation and the underlying circumstances. The possible outcomes include:

Makeup parenting time

If the violation is minor, the non-compliant parent may be ordered to make up for missed visits or granted additional parenting time to compensate for time lost.

Monetary Penalties

Another possible outcome is that the court may issue monetary penalties on the non-compliant parent. This can include fees to compensate for legal fees or financial losses incurred due to the violation.

Attendance to Parenting Classes

The non-compliant parent may also be mandated to attend parenting classes, individually or co-parenting classes, to educate them about the importance of adhering to the child custody order.


In severe cases, the court may determine that incarceration is necessary to punish the violating parent. However, this is rare and may only occur if there is evidence of repeated and willful violations.


A violation of a child custody order can be distressing for both the custodial parent and the child. If traditional remedies, such as communication and mediation, fail to resolve the issue, a contempt hearing may be necessary. It involves documenting the violations, filing a motion for contempt, and attending a hearing. The possible outcome of a contempt hearing includes makeup parenting time, monetary penalties, attendance to parenting classes, and in rare cases, incarceration. Seeking legal counsel from a qualified family attorney can increase your chances of getting a favorable outcome during the contempt hearing. To learn more about how to handle a violation of child custody order, visit De Novo Law Firm.