DOES A FATHER GET VISITED IF HE DOES NOT PAY CHILD SUPPORT?

Let's keep emotions out of the forces of law or any legal issues. The phrase, "the court is not a father Christmas" can also connote importantly that, the court and things about the law cannot be predicted before judgment. In most practices today in our court generally, the outcome of any judgment depends on "what the court will say or do and nothing more pretentious" just as John Weldell Holmes prophesied in his definition of what law is.

Traditionally, the proper outcome of any parent not paying child support would be not having access to the child, but the law is trite when it has to do with child support and the parent not paying the child support and necessary things, so what does the law say?

We will not dive into it yet, but here is our main focus!

There are numerous heart-beating questions with so much curiosity that people always seek answers to, such as Who created the world? How and when? Well, that's not part of our discussion however, the question is, should a father have access to a child when he does not pay child support? Can a mother by injunction deny a father access to his child? What does the law say about child support? No worries, this content will reveal to you everything you need to know about Child support, and in the end, you will be happy that you came across this content today. Let's get started.

Before we get into the main theme of this content, let's consider some related terms in this content.

What is child support? According to the Black Law Dictionary, Child support is a method of compensating a parent needing monies for raising and sheltering a child by another who has the means to manage the expenses associated with child support. A court of law usually determines the payments, based on the income level of the other parent, mostly the father.

Here's the real kicker!

There are several legal factors and rights to consider when discussing child support and Non-payment by the father.

Generally, a father cannot deny a visit to his child because he does not pay the child support unless such an order is otherwise made by the court which is very rare. It is important to note that, child support does not have any link with child visitation, they are two legal issues that must be address differently.

Well, there are many reasons why a father cannot be allowed to visit his child one of the reasons is when the court foresaw the father harming the child or molesting the child etc. and such a child must be protected by shielding him away from the father for the child interest, however, non-payment of child support is not one of the reasons to refuse the father access to the child.

In this context, we will be showing you some major cases that support the assertion and also take time to discuss them. In Moffet V. Moffet [L.A. No. 31168. Supreme Court of California. July 10, 1980]. The court ordered the mother of the Child to allow the father to visit his child. The couple separated in 1971, and in January 1972 an interlocutory judgment of dissolution was entered. Mrs. Moffat was awarded custody of the children, subject to reasonable visitation by their father. He was ordered to pay child support of $300 per month for each child, together with $400 per month spousal support for a period of five years and additional payments in settlement of community property.

From the above case, you can see that the mother, Mrs. Moffet won the custody of the child but subject to reasonable visitation by the father, the term (reasonable) connotes a perfect and ample visitation. However, the court ordered the child support payment to be carried out by the father every month. In that case, Mrs. Moffet went on to file a case against Mr. Moffet restricting him from visiting the child and the court refused to honor the application.

It is to this end that, the two terms are independently used, the child support must be done by the father likewise the visitation. And where the father cannot pay for the child's support, that cannot restrict him from visiting the child.

 Let's consider some major terms.

The Right to Child Support and the Right to Visitation In family law, these rights don't operate simultaneously but differently. It is safe to say that both rights are not the same and they are independently operated and do not have weight on any. Now, the right of a father or any parent to visit a child is not dependent on your ability to pay child support. The duty to pay child support does not change if the father is denied visitation to see the child. The right to pay child support is sacrosanct by the father and when that is not done, the mother or anyone taking care of the child can file a case against the father not paying the child support. However, the court will consider the financial stability of the father and the court can advise the father to take more jobs in other to pay the child support.

The interest of the child Family law mostly looks at what is best for the child, considering the interest of the child as paramount. A mother or a child guardian can file an enforcement action against a father for not paying child support but a guardian or mother cannot prevent the father of the child from visiting the child. It would amount to a violation of your order. A father who is not allowed to visit his child because of a non-payment of child support can institute a matter against the other parent or guardian.

So, the law seeks to protect the interest of a child than any other thing, hence, the father must pay for the child support however, non-payment of child support is not enough reason for not allowing the father to visit his child.

Generally, Child support is the ultimate obligation of the father to his children after divorce, when the parent is not together. So, it is the sole responsibility of the father to pay for the child support always but non-payment of that child support would not stop the father from accessing his child. Legally, a mother cannot prevent the father from visiting his child unless so declared by the court and reasons must be provided for such action.

 

In conclusion, it is germane to understand that Payment of Child Support and Child visitation are two different things and none can be used to replace the other but can only be used differently solving their problems. A father who does not pay the child support cannot be refused access to his child, when doing that, it is a violation of order and the father can institute a matter against that person. On the other way, a father who refuses to pay the child support can be sued for refusing to pay for the child support. These family law terms exist differently and solve their problems independently. Do you want to learn more about Child Support and divorce? Follow us for more legal content and information.