Is a father entitled to visitation when he is paying child support?

Question

My bro-in-law has 2 kids w/an ex-wife.He also has one w/an ex-gf. He recently asked the court to lower his child support 'cause the job he has after coming back from Iraq pays less than what he was getting in the military, and his ex-wife makes more than him. When he petitioned for lower CS it apparently encompasses all 3 kids. His ex-gf is mad because she thinks she'll get less $, which isn't true since she gets welfare.As a result, she is now w/holding visitation. He hasn't been able to see his daughter in about a month. He doesn't have extra $ to hire a lawyer, so I'm wondering what resources are out there for him. He's normally a very strong person but when that subject came up he walked out 'cause he was starting to cry. She's basically using this as leverage because she can't have him back. Any ideas for his options that won't cost too much since he doesn't have much as it is? He's NOT trying to get out of paying, just lower it some.(BTW, we're in Cali if that makes a difference)

Thank you for all of the responses. I wanted to make one thing clear, he wasn't just out randomly making babies. He was married and as with most people who end up divorced, didn't expect to be. He was then in a stable (so he thought) relationship with someone who cheated on him while he was deployed. He's not having anymore kids, he just wants to see the one that he can't. He sees his other 2 on a very regular basis and is a great dad.

Answer 1

in most states child support is calculated with BOTH parents incomes, so the court already did that i think. even if she gets welfare (which she can only qualify if the support was NOT actually being sent as he claims, otherwise, she COULDNT collect welfare), HE OWES the welfare back to the state. and they will go after him worse then the IRS if he owes them for welfare... yup.

states and federal government are TIRED of people not paying for thier kids, and paying for them.

as for visitation; child support or not, she cant withhold visitation, ever. she can get in big trouble for that. all he has to do is go to the county court house, ask the court clerk (anyone at a window) where to pick up "pro se packet" for enforcement of his rights to see his child. he fills them out (they will walk him through it), mails them to everyone (as stated in the packet itself) and a hearing date is set. then he shows up to court and states his case.

no attorney needed.

as for him making babys everywhere; i hope he finally got snipped, learned what a glove was for his love sword, or it falls off.

DEADBEATS
http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.angelfire.com/creep/deadbeatparentssuck/
http://www.deadbeatjustice.com/list.htm

CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html

LAWS
http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

LIST OF RESOURCES
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&

http://www.ncsea.org/
http://www.nfja.org/index.shtml

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

FIND YOUR STATE REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/

COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 2

Child support and visitation are not related. You cannot withold visitation because of lack of payments. There are very specific ways to handle either the support issues or the visitation issues, but one does not have a direct effect on the other. If you're after the support, give your local child support agency his updated living situation (address, employer, etc.). If he is listed as the father on the birth certificate, he has just as much rights to the children as you do until a court order says otherwise. If custody is an issue you want to address formally, or you want to limit visitation, you must file with family court. Even once there is a court ordered visitation schedule, you can go to jail for keeping the kids from him - whether he is behind on his support or not. Good luck.

Answer 3

Im not sure about cali but he should have visition rights b/c he pays child support. Do you have legal aid there it is a free lawyer who will take your case and the city pays for it. Or how about childrens aid they come in when either parent doesnt have the childs best interest at heart which is in your brothers case,He should find out if the military which helps out diffrent cases and situations have any legal coverage. Im sure there is something that they can help him with or even get a lawyer free. Im Canadian. GOD BLESS

Answer 4

ok sounds like she is a B___H my boyfriend went through the same thing. he does not have to pay or pay very little if she has higher income. and yes if in court paper it say he has visitation he gets visitation even if he does not pay child support. if not in court papers have him go to friend of the court and fill patition for hearing for visitation it is very easy an dhave him bit his tounge with the ex til all proceedings are done.Be carefull to some dumd @#%$ wemon have gone as far to say the father is molesting the child my boyfriend went though this and believe me iI know what I am saying.but if he want to be with his kids it all worth it
.well all I have to say is good luck and I hope that I could help in some way. and by the way tell him I said thank you for being over seas and serving his country, mine is a former marine!

Answer 5

he can present a handwritten petition to the clerk of courts as long as it is notarized.. the clerk is obligated that the Judge at least reviews the petition...he does not need a lawyer.but if he must eventually get one, there is always the legal aid society, most of the attorneys volunteer their services, but a small donation is appreciated.. once the courts have given him visitation rights, she cannot with hold the rights on her own terms, she will be in contempt of court and possible legal action can be taken against her.. good luck..

Answer 6

In our state the father does not have to pay child support to legally see his children. Child support and visitation to our courts are two different things.
Hope this help?

Answer 7

There are places that are specifically set up to help fathers in the situation he is facing, Google fathers custody, I am sorry I didn't have the site on hand I thought I did but it got lost somewhere... But yeah she can't hold visitation and he needs to go to the court and file a petition and then she will have to legally have to allow him. she shouldn't be bitching, she has one kid, and she is on welfare, be happy with what you get, has he thought about going for shared custody?

Answer 8

Yes your brother has rights to visit his chidren,it does not matter how much he is paying,you know what his still has rights to visit the children even if he was not paying anything , but only if he was unemployed,but the fact that he is trying to pay the little he has, in my books he is responsible and the best father.

Answer 9

When they make the child support papers it should have some kind of visitations arrangements depending on the situation if he is paying he does have a right

Answer 10

He should be able to see her.The court will take into consideration what he makes now.They wont let him pay more than what he can afford. He has to live to.If the court ordered visitation then shes in violation of that order.what state do you live in?