Child support vs visitation?

Question

Okay I haver a different kind of question... Recently I went to court with my ex because he wanted to get his child suppot reduced. When we were in court (in front of a child support judge) he brought up the fact that my daughter no longer visits him( I also have a son that does visit him on a regular basis) the child support judge told me that by law my daughter had to go visit him, I told her that I realize that. And we were done.

This judge olny takes care of child support issues nothing more.

Now my ex-mother-in-law is emailing me telling me that I am an idiot because I don't know that the child support judge and a real normal judge are the same thing.

If my ex wanted to take me to court wouldn't he have to hire a lawyer and take me to a court other than a child support court?

My daughter has very good reasons for not visiting her dad and I do not want to tell the whole story on here. So please do not tell me that I need to let her go over there.

By the way my daughter is 13 years old. And the child support judge told us in court that she could not discuss the issue of visitation in her court.

Answer 1

All he would have to do is file a motion for enforcement of visitation, and pay the associated fee (at least in most states) to either force vistitation with your daughter or have you held in contempt of court and arrested for non-compliance. If there is a good reason as you say, you had better let it be known in court, and have it documented. Child support issues and most other mediated causes are covered by circuit court judges, federal. Yes the judge has the authority to do whatever seems necessary.
In some states children can decide for themselves whether or not they want to visit non-custodial parents at age 12. Check and see what the law in your state is.

Answer 2

I'm not 100% sure what your question is, but for the record, child support and visitation are two separate issues. Just because your daughter doesn't want to visit does not release him from his financial obligation. If you ex wanted to take you to court on the visitation issues, he wuold have had to petition the court regarding that matter AS WELL as petitioning for the child support modification. Many judges won't discuss issues not previously petitioned during a court hearing, and that's probably why the judge didn't go very far on that. If a judge were to sit and listen to every grievance brought up in a family court, the hearings could get extremely out of control.
ALso, a judge is a judge, period.

Answer 3

A judge is a judge no matter what their expertise is in. I know three judges that travel between counties and have different responsibilities in each district.
If she does not want to go visit her Dad, you need to have the visitation rights for her amended, because unless she turns 18 she soon, her father has "the right" to see her. This is unfortunate for you both, but true. She needs to go speak to a judge to (maybe) reduce the amount of time she is legally required to be there, otherwise have it written up (legally binding) that she gets to determine when and where she visits with him. If her reasons for not wanting to go over there are really good, she shouldn't have a problem getting this done. But yes, the courts actually look at custodial parents that don't support their child in visiting the other parent as neglectful, because it appears that they are denying visitation to take place. They see it as your place to assist in continuing those parental relationships, because having good relationships with both parents is what is seen as best for all children in the eyes of the court. Sorry to tell you what you didn't want to hear but it is true, until you have his visitation rights amended you do have to let him visit with her. I'm gonna assume that you probably don't want DHS Child Protective to get involved which is what happens in cases where one parent does not support their child in legally sought out visitation rights.
No one needs to have a Lawyer, you can represent yourself; so no he does not need a Lawyer. And depending on what the issues are that are brought up through the filing of a case, the court will deside in what forum it should take place in. Usually it's a 'Family Court' judge, not just a 'Child Support' judge; but custody, suppport, and welfare of the child are discussed in the same forum. Hope this helps you out some.

Answer 4

You DO have to let her go over there.

If you have a valid reason, you have to take the matter up in court and get either full custody or supervisored visits. Until then you have to allow visits.

If you do not, you could lose custody of both children.

Remember you do not have to defend yourself here... so need to reply to any answers.

To answer your question. No your husband does not have to hire a lawyer. He can represent himself (not recommended) all he has to do is file the court papers. Irregardless of if he has a lawyer or not, you will be found in contempt of the 1st judges ruling (because the records of the 1st proceding will most likely be in the court records and will have been reviewed by the judge before the case starts.

I am NOT trying to scare you... I can sympathize with your situation. But if there is a valid reason why the daughter doesn't want to go... then be proactive. Take him to court 1st and reduce those visitation rights (at least for the daughter).

As for the son, just because the court ordered reduced or restrictioned visitations... if you son desires more, and you have no problem... let him visit his dad as often as he likes. Not because it will make his dad happy.. because you want to defuse any resentment from your son.

Anyways this is just my opinion. Take care no matter what happens.

Answer 5

I think it depends on the why's of the situation. If the parent doesn't pay child support to be an a** then that parent should not have visitation. But if the parent tries to pay and isn't financially able then they should still see the child. And legally most places see visitation and child support as two separate issues so if a parent withholds visitation because of nonpayment that parent can be charged with parental kidnapping. A lot of folks don't realize that.

Answer 6

They are two completly different judges and they WILL refuse to speak on other issues in less it relates "directly" to vistitation (or) child support. So go to a visitation and custody court. They will have you fill out the proper documents and he'll be later called into court. At 13 years old, she will be allowed to tell a Court that SHE DOES NOT want to see her father. They will def honor that. However, if they don't get in tough with a lawyer. He may not even charge for simple legal advice.

Answer 7

Its family law! The judge deals with anything that comes with the divorce, visitation rights, and child support! If you guys agreed to joint custody and your ex brought up the point that he doesnt get to see his kids the judge will bring that up.

If theres a safety issue or a mistreatment issue then you need to make a report that way something can be done, and your daughter can be protected from the joint custody agreement. Get legal counseling is the best thing you can do. Good luck!

Answer 8

You can talk to many people and get differing views on this subject, but I agree that if there is molestation or abuse involved you need to contact the police or Child Protective Services...but you need to have proof. They will take into consideration that you are in a child custody type situation. And yes, visitation is a separate issue than support, but the same family court judges should handle both. It's up to you and your attorney to have a different judge assigned to the case.

Answer 9

In this State, Child Support matters and Vistation matters are handled by different "judges." Child Support is handled by a Judicial Hearing Officer - not a Judge.
Any visitation issues would have to be handled by the original judge who handled your divorce.
There are many different reasons for why your daughter would not be "commanded" to visit her father. Most of them reasonable. Your ex WOULD have to hire a lawyer to enforce the visitation Order (or get a Public Defender.) You do not need one at this point. Wait and see what he does.
Just make sure you do not discourage her from visiting. This will be held against you. Depending on your daughter's age, the Judge will speak directly to her, without either parent present, and hear her side of the story.
Save all the old biddie's e-mails. This is a crime in this State. Using e-mail to harass you over this issue is an"A" Misdemeanor - up to One Year in jail and/or $1,000. fine. DO NOT FALL INTO THE TRAP OF RESPONDING. Your conduct will be carefully scrutinized. Don't e-mail her back telling her what you think of her, etc. Don't DISCOURAGE your daughter from visiting - but if the thought of it upsets her, don't push it.
In any event - HE STILL HAS TO PAY ALL THE CHILD SUPPORT. Child Support and Visitation are two completely different things and have nothing to do with one another.
This is not to be construed as legal advice. I don't have all the information and would not think of advising you professionally. It's simply my opinion based on the small amount of information you have provided.
GOOD LUCK!!

Answer 10

You need to get a lawyer ASAP!! Unfortunately if your daughter doesnt want to go over there, it will have to come out in court. Why does your ex want to reduce child support? Lots of parents have to pay for children they arent allowed to see. Just lawyer up and protect your self and your children. And stop talking to your ex mother in law. No good will come of that.