Should a man not be able to see his children for not paying child support?

@nixxi76 (3192)
Canada
February 19, 2008 1:10pm CST
I wonder about this often for the sake of the children. Should a man not be able to see his children for not paying child support? If a the mother of the children don't allow the children to see the father, is that illegal or legal if the court order says the mother has care and control of the children and it is as both parties agree?
2 people like this
6 responses
• United States
8 Mar 08
nixxi76, It is not legal for the mother to withhold visitation rights from the father if he fails to pay child support. This is because one right is not dependent on the other. Visitation is a custody right that belongs to the father, in this case, that can only be modified by the court. If there is some other issue regarding the children's safety or welfare, the mother should seek an immediate court order to address that. Otherwise, the father has the right to see his children and can bring an action for contempt against the mother if she refuses. Failure to pay child support is not a defense to such an action and generally will not be heard by the court. Clearly, this is to encourage rather than discourage visitation, even if the non-custodial parent is behind in payments. Likewise, the non-custodial parent cannot refuse to pay if he/she is not allowed to see his/her children. I hope this helps. http://www.childsupportnews.wordpress.com
@nixxi76 (3192)
• Canada
9 Mar 08
Thank you very much for this information. Does these laws follow in Canada as well? I think it's a shame when a person is trying to catch up on behind payments for child support and they mother still will not allow the children to see the father. Do you have any other advice you could give me? thank you
• United States
13 Mar 08
Nixxi, I don't know if this would apply in Canada or not, but I will look into it in the next few days and see what I can find.
1 person likes this
• United States
13 Mar 08
The Canadian Divorce Act found at http://law.justice.gc/cca/en/showdoc/cs/D3.4/bo-ga:s_15-gb:s_16//en#anchorbo-ga:s_15-gb:s_16, which refers to visitation as "access" does not appear to contradict what we have already discussed. In fact, it specifically says that in originally determining access, that a person's past conduct is relevent to their ability to parent the child. This would seem to suggest that nonpayment of child support would not necessarily preclude access. However, please understand that I don't have the benefit of any interpreting law from Canada to look at. Your friend's best bets are one, pay his child support (which he should do anyway (but we know people get in a bind) two, get an order requiring that she allow him access to his children, and three, get an order reducing his child support if he has a compelling reason that the court should do so. The longer he waits and builds up an unpaid balance (arrearage), the worse it is going to be for him. I wish you luck.
1 person likes this
• United States
23 Apr 08
Not in my state. Child support court and custody court are two different issues. If you bring up about child support in custody court the judge tells you that child support is none of their business that you need to walk down the street and file for child support in a different building. But a child support judge can suspend visitation. In my state if back child support is owed, the person who owes has 10 - 14 days to pay off the entire balance. If the balance is not paid off or somekind of arrangement made the person than is jailed. Than when they get out of jail the cycle begins all over again. I think support should go along with visitation. If a man or woman because a lot more men are steping up and taking full responsibliy of the kid(s) these days. I have a few guys friends where the mom's bailed on them and left the kids. But if they do not pay than they should not be able to see them. Why should one person have to pay for everything for the kids. Take my son father for example. My son is almost 7 years old, does not even know his father, thats by the father choice, he chooses not to be involved. ANd he doesn't pay a dime in child support. If he would show up here tomorrow what would give him the right to see him. He has done nothing for him. He does not even bother to see how is son is doing. At this point he doesn't even know what his son looks like.
1 person likes this
@nixxi76 (3192)
• Canada
23 Apr 08
Hi phillygirl, thanks so very much for your information! This is the situation..... my friend was back in child support payment and they finally started garnishing his paycheques and now he's getting back on track. He's been wanting to pay for sometime but had other bills but now he's putting his two children first and playing religiously every two weeks. Child maintaince takes $207.00 every two weeks plus she's getting $550.00 for child tax for their two kids and still that's not enough? She won't let him see his children at all still even though he's paying for them now and she thinks for some reason that nearly $1000.00 is not enough money for two children! I have one child and he doesn't even cost me that much I'd have to say he wouldn't cost me more than $100.00 a month so what she's doing is wrong, she's got control and taking way too much advantage of it. Just because the judge gave her control where both parties have to agree to visitations. She will not allow him to see his kids. Not fair! So many times I've sat with him on the phone, or by his side listening to him cry that she will not let him see his children, and I've even spoke to her on the phone thinking this would help, but she hangs up on me. The oldest girl knows all about that daddy hasn't been paying and to me that's wrong, kids should not know about these things. The stresses in adult lives. Thanks for your advice phillygirl
• United States
11 Mar 08
Whether he's paying cs or not, he should still be able to see his kids. They shouldn't have to suffer cause you have an issue with him. If it was the other way around and he had the kids and you weren't paying, if he said you couldn't see them cause you weren't paying, you wouldn't like it. Cs and visitation are 2 different things. The kids don't know anything about cs unless they hear you and their dad or other people talking about it.
1 person likes this
@nixxi76 (3192)
• Canada
12 Mar 08
Actually the woman that is holding her children from their dad tells the kids that it's all about Child support and when he spoke to them, the daughter asked him why isn't he paying? I think this is wrong as well and just wanted some opinions and thank you for yours it's important~ Thanks for your opinion janira
@angelface23 (2497)
• United States
19 Feb 08
I don't think that you should be able to see your kid if you aren't going to put forth the effort to support it. People would say it's not fair to stop a father from seeing his child and that a kid needs two parents but I am a firm believer that if you can't own up to your responsbilities then you shouldn't see your kid cause he is probably better off.
@nixxi76 (3192)
• Canada
20 Feb 08
Thanks for your response
@jovimom (1576)
• United States
19 Feb 08
Well, I don't know about it being legal or illegal, but I don't think it's right. No matter what, if a childs father or mother wants to be in their life, they should have the opportunity. Then if they don't use it, that's their fault. In my situation, my ex and I have joint legal custody, but my son lives with me. I would never keep him from his dad, he does pay child support, but on average only about once a month and he's supposed to pay it weekly. I can't do anything unless he goes 30 days w/o paying...Just so you know though, it is always my husband's mother that picks my son up, if he waited on his dad, it would never happen...
@nixxi76 (3192)
• Canada
20 Feb 08
thanks for your thoughts I enjoyed your response
@ellie333 (21018)
19 Feb 08
In fact you ask this question at a time when I am struggling financially because my sons father has not paid this month. I still allowed him to come over to see his son today. It is my sons birthday tomorrow and he enjoys seeing his dad so what right do I have to stop the relationship between them. Ok the fact he hasn't paid has annoyed me and does has an effect on his son as I have a small present for him tomorrow but will get him something else when my wages go in at the end of the month, but it would have an even bigger affect if I stopped his dad from seeing him. I would only do this is I felt his visits were detrimental to my sons health, physically or mentally. Ellie :D
@nixxi76 (3192)
• Canada
19 Feb 08
thanks for replying I'm sorry for your troubles you have to face and hope things get better for you
@ellie333 (21018)
19 Feb 08
Leaving us to pick up the pieces and do all the hard work eh! Ellie :D