Sunday, April 09, 2006

Changes in Child Support or Child Custody are not exactly related!

Child Support is a big issue for a lot of our clients. Some people pay it, and some people receive it. But the most common "problem" we find is that many people believe that Custody and Support are related. They are, in so much as whoever has custody is going to be the payee, and the person with less or no custody is going to be the payor. Beyond that, they are not connected!

So for instance, you cannot stop paying just because your ex spouse has been denying your weekend visits! You have to come see a lawyer, and take them to Custody Court to have them found in contempt.

You also can't expect an automatic decrease in Support, if you start having the child more often. You need to file for a modification, and until you do so, Support will continue to accrue, and you most likely will not be able to make any change in support retroactive to before your date of filing, so you need to file the support modification request right away.

Also, if your spouse is behind in payments, you can't just stop the visitation. You are in contempt of Court for doing so, just as much as they are in contempt for not paying.

I can go on, but remember, what happens in one type of Court, or on the street for that matter, does not change the other. So always see a lawyer if there's a change in circumstance, change in periods of custody, or you think you should pay or receive more or less support. Not doing so, can cost you your rights.

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