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Restricting Visitation Because of Child Support

The other parent is either not paying or is always late on paying their child support, do I have to allow him or her to visit my child?

Yes. The right of child visitation cannot be expressly conditioned on the other parent's timely payment of support. The appropriate remedy for non-payment or late payment of child support is to either bring a contempt action, obtain a wage assignment or to enlist the services of Child Support Services Department (CSSD) to enforce the order. If you bring a contempt action, you must cite the date the payment was due the amount of money received for each missed, late or partial payment. You are limited to 26 counts before the necessity of a jury trial is created. Another easier remedy is to obtain a wage assignment. You may bring a wage assignment to your support hearing (and fill it out after the order is made) or file a wage assignment at any time for an order previously made. When the wage assignment is signed by the Court, it is then served on the employer who then deducts the support obligation from the support payer’s paycheck. The final option is to turn your support order to CSSD who can obtain a wage assignment, levy bank accounts and suspend driver's license for non-payment of support.

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