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In Texas are Child Support and Visitation Connected?


If you want to related guideline confidentiality Child Law experience, So you can better suggestions- In Texas are Child Support and Visitation Connected?

Houston Divorce Lawyer– It is natural to believe that child support and the visitation with the children are intimately connected. Often the support and a parent’s visitation with the children will be decided during the same dispute, but not necessarily at the same time. I often here clients ask can I withhold children from the other parent because I have not received my child support? From a legal standpoint, support and visitation are two entirely different legal issues.

CHILD SUPPORT AND VISITATION ARE NOT TIED TOGETHER

Texas Family Code Section 105.006 requests every Parenting Order to include the following language in capitalized bold type:

FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.

In fact, judges are not even permitted to order support but disallow any physical access to the child when they deem it to be in the “best interest of the child”. This usually happens in severe cases such as abuse or some sort of child endangerment.

AGAIN CHILD SUPPORT AND VISITATION ARE NOT RELATED

It’s not uncommon for a parent to believe that the amount of child support should somehow be adjusted depending on how much time the child spends with the non-custodial parent. For example if I have the children 50% of time I should not have to pay child support.

The Court will always care more about the best interest of then children than what either party thinks is “fair.” If the case goes to Court it is entirely up to the trial court judge to decide who, if anyone, will pay child support, and what that amount will be.

VISITATION CANNOT BE DENIED IS SUPPORT ISN’T PAID

Divorce Lawyer in Houston– Given the current law Judges’ takes a dim view of parents who appear to be using their child’s support payments as leverage to extract more parenting time or if a parent is withholding the children because a payment has not been made.

MODIFICATIONS AND ENFORCEMENTS

Another situation that causes problems is when a parent is consistently late and interferes with your time with your child. In such a situation you may want to retaliate and not pay the court ordered child support. Doing so could land you in hot water with the court.

A better approach to these situations is either:

1. Work out a compromise with the other parent. If the other parent is unwilling to work with you, you can file an action to modify and ask for more visitation with the court.
2. Create a record of the parent’s tardiness and try to determine why there is a problem. You may find a more convenient schedule for both of you that results in more time with the child. If the problem continues take the parent back to court and ask for a modification.
3. If child support is being withheld you can file a petition for enforcement and take the nonpaying parent to court

An attorney can help you through this process of all of these scenarios

Divorce Attorney Houston– If you are engaged in child custody litigation, then it is import for you to call a family law attorney at your earliest convenience. As you can see, the court’s overriding concern is with what is in the best interests of the child. Withholding child support, from the court’s perspective, only hurts the child and will often backfire if you are seeking… Continue Reading

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