Can I stop paying child support if visits are denied

[Kusaywa]

Recently went through a visitation violation trial in which the law guardian recommended that I receive custody of my 2 children. The Judge however, found every excuse not to violate her, and did nothing to enforce my visitation. His words exactly were "file a petition to stop paying child support, based on the fact my kids can't be forced to visit me." My questions are, is this posible? What are my chances at succeeding? Do I have any recourse, such as judicial review, change of venue, appeal?

 

[Duranie]

How old are the children? I am surprised the judge had that attitude. Technically if you stop paying support, you are in contempt and CSE will come after you, so that is not a good idea. Did you have an attorney at all? Maybe you should see about filing an appeal.

 

[gearhart7]

You can not stop paying child support just because visitation isn't being enforced. Keep filing petitions for visitation violation and try to change judges (venue). It is up to your ex to have the children ready for visitation. You could have them set it up to have you pick your children up at the sheriff's office or somewhere nuetral.

My husband has a similar situation. Our attorney talked about filing emancipation on child who wouldn't come for visitation. We haven't went to court for it yet. My husband's ex tried to say his children wouldn't come for visitation because we were behind on support. In other words, we had to pay them to come for a visit. We changed venue on emancipation of 18 year old because other judge wouldn't let us.

Talk to an attorney. If you can't afford one, file pro se petitions for lack of visitations.

Good Luck.

 

[Kusaywa]

The child support is currently taken directly out of my payroll check ($245. per week). So, to clarify, to stop paying I meant petition the court to allow me to stop paying. This was a suggestion by the Judge, but has anyone been successful in doing this? Also, I've been told if this had been the other Judge (in the County) I would have had my kids by now. By requesting another venue, would I get the other Judge or would it be another county? My kids are 14 & 11, and it's really just the 11 year old that doesn't come. The 14 year old comes "somewhat" regularly. But this is not about the money! It's about the visits, and YES, I would love custody.
Here's a breif history (you won't believe your eyes).
Went to court beginning of April, ex wife threatened with jail.
Went back 3 weeks later, again threatened with jail after not getting my visits.
3 months go by until trial.
Walk in, and the law guardian says I'm getting custody, not maybe, I am.
Trial, ends, and ex is ordered to give me kids for 1 week "custody" with me.
She doesn't produce the kids.
Up until this point I was representing myself.
Hire an attorney since I've gone this far, and so close, don't want to lose now.
Go to court today (8/8/05), law guardian states there is no reason for me not to get my visits (Judge and law guardian had an in-camera where they interview the kids).
Judge rules, he can't enforce the visitation.
Here we are!

 

[gearhart7]

We are in Indiana, small town, etc. They only have three judges. We changed to another judge for this county. Judge that we had thinks all non-custodial parents are losers. But you can change counties. I would ask your attorney how it would work for you. We were told by our attorney that if 15 year old continues to not come, we would file for emancipation for her. Once we file, amazingly, daughter comes for visitation. We have paid $1500 so far for emancipation of 18 year old (Emancipation in IN is 21). This is where we are right now. We go to court beginning of Sept for 18 year old. We will see where contempt of court for not complying with visitation.

Judge can't enforce visitation, sounds like bull. Threaten jail time. It's an endless battle that only hurts the kids.

Good luck today. Let us know how it goes.