Withholding the Children Because of Unpaid Child Support

If you are the custodial parent in a post-divorce relationship, you cannot withhold the children from your ex if he or she decides not to pay child support. While the two issues seem related, the family courts in California have ruled that child support and child custody are two separate situations.

If your spouse isn't making good on his or her commitment to pay child support monthly, this does not mean that he or she loses his or her right ot visitation or partial custody. In fact, if you keep the children from your ex, you may end up in court for violating your child custody or visitation schedule.

Instead, if you discover that your ex-spouse isn't paying child support or child custody, you are required to talk with the courts about this issue. You may want to hire an attorney to advocate for you as you argue through this issue. You may need to get your family court involved and discuss the options available for enforcement. The court may rule a wage garnishment which will allow you to collect child support out of your ex's wages when he or she gets paid. There are also other legal actions the court can enforce, such as a lawsuit and restoration of all missed payments.

Unless the court declares that child custody plans need to be changed, the parents are still required to maintain a proper child custody schedule. If you want more information about this situation, don't hesitate to call the firm today. Our team is committed to representing San Fernando divorcees in their cases both during and post-divorce. Call a San Fernando divorce lawyer at our team today to get more information about how we can help you and work through your child support issue!