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I have been paying child support to my ex wife. I recently lost my job and I am behind on payments, what happens now?
My wife is threatening to withhold my visitation rights to my children because I haven’t paid full child custody the past 3 months. I’ve recently lost my job, and simply cannot afford the high amount. Can she stop my visitations, and is there anything I can do?
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Answers (1)
She can’t necessarily stop your visitations if they are court imposed, or you have joint custody of the children. If the divorce decree stipulations a minimum number of hours or visits, she would be in violation of that order if she prevented you from seeing the children. However, if she was awarded sole custody, and has an informal agreement with you, it is possible that she could withhold your visitation.
In terms of your child support payments, it may be wise to petition the court if you’ve had substantial financial circumstances change since the last order given. Typically, events like being laid off or salary reductions greater than 10% can be enough of a substantial changed circumstance that would allow for a reduction in child support if warranted.
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Posted by Bert Gonzalez on 25 Jan 2010
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(5 Votes)