Can I Withhold Visitation Until He Starts Paying Child Support?

Posted by William H. Sherman on Mar 11, 2014 | 0 Comments

Question: I live in Alpharetta and my former husband lives in Cumming.  We were divorced three years ago when we lived in Roswell.  He has visitation with our two children that the court ordered.  The problem is that he hasn't paid child support in over six months.  Now the bills are adding up pretty fast.  Things like clothing, sports, after-school activities and even food are starting to be a problem to pay for.  I'm worried about the future and if he'll ever pay again.

I don't think he should be able to see the kids because he's not paying child support.  It's just not fair that he's not paying to support the children but he gets to see them. Can I not let him visit with the kids until he starts paying child support?  I think if I did that then he'd start paying.  I know he has money because he bought a new car and plays golf at The Manor in Milton a lot (my friend saw him there).

Answer: Under Georgia law what you have described are two separate rights.  You have the right to be paid child support and he has the right to visitation with the children.  You cannot make visitation conditional upon paying child support.  Your remedy is to file a motion asking the court to hold him in contempt for non-payment of child support.  Ultimately, if he fails to pay, a judge can order him to be incarcerated.  A judge can also order that his wages be garnished to satisfy his child support obligation. You risk court sanction if you unilaterally (without a court order) withhold visitation.

About Us

We are experienced, aggressive and caring visitation lawyers who bring outstanding qualifications to our law practice, including serving as a Magistrate Judge, an Assistant Attorney General and an Assistant County Attorney.

We at the Sherman Law Group try to answer as many questions as possible on our blog.  If you have a question, email it to us and we'll do our best to answer it.  No names will be used.  Speak to an experienced Roswell divorce and family lawyer at the Sherman Law Group by calling 678-215-4106.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What our clients say...

“I just wanted to write to say that I feel so lucky to have chosen the Sherman Law Group as my attorneys. I was going through such a very difficult legal situation. It was emotionally charged and draining. But Valerie Sherman and Bill Sherman were so supportive, hardworking and helpful. I loved that the firm was always updating me and letting me know what was going on in my case. You always returned my calls and emails. Thank you all for making it work out great for me.”

What our clients say...

“I wanted to thank you for giving me back my life after many awful months. My family and I want to thank you very much for representing my case. We are so grateful to have such wonderful attorneys like you. I know I can rely on you. We will always recommend you to those who are in need of the services of a law firm. We were so happy and excited this morning as we heard the announcement by the Judge. You are such wonderful people at The Sherman Law Group.”