Legal Blog
Behind on Child Support: Can Your Ex Deny Access to Your Children?
This issue crops up frequently among families of divorce. When the noncustodial parent falls behind on child support, the custodial parent assumes the ex-spouse has lost the right to see the children. Although many parents believe access is tied to child support, access is actually a custody issue rather than a support issue. The two arrangements are independent of one another. The court’s main concern is what is best for the children — and it is in the best interest of children everywhere to have a strong, loving relationship with both of their parents.
While it is always in your children’s best interest to receive financial support that is consistent and on time, each parent has an obligation to support his/her children. Regardless of a parent’s financial status, each parent has a right to see his/her children. Another way to look at it is that children should never be held for ransom, and parents should never have to pay to see their children.
When your custody case was finalized, the judge ordered that you be allowed access, at specified dates and times. If your ex does not allow you to see your children as ordered, then your ex is violating a court order and can be held in contempt. On the other hand, your child support payments are also court ordered, and you can be held in contempt if you do not pay.
Linda is pleased to help sort your child custody and access issues.
If you are considering divorce and need the assistance of an experienced lawyer to help you work through some of these issues, then please contact Linda Sorg Ostovitz at lostovitz@offitkurman.com or 301-575-0381.
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