Ask The Lawyer By: Daniel A. Gwinn, Esq.
This week’s question: MY EX-HUSBAND HAS NOT PAID CHILD SUPPORT, CAN I PREVENT HIM FROM SEEING THE KIDS UNTIL HE PAYS?
QUESTION: My ex-husband has not paid child support for the past two months. My family told me that I should not let him take the kids on his weekends until he pays what he owes. Can I keep him from taking the kids for his parenting time?
ANSWER: The answer is, no, you may not stop your ex-husband from exercising his parenting time with the children because of failure to pay child support. Parenting time and support are not dependent on each other. If you withhold parenting time, you may find yourself in trouble with the court. The proper thing to do is to file a complaint for support enforcement or motion with Friend of the Court (or the court if you opted out of using Friend of the Court services).
The lawyers at GWINN TAURIAINEN PLLC are experienced attorneys and are happy to answer your questions. Give us a call for a free initial telephone consultation about your legal needs. For consideration of your questions in our web column, please submit your inquiry on the “Contact Us” page of our website at www.gwinntauriainenlaw.com.
ASK THE LAWYER
By: Daniel A. Gwinn, Esq.
Attorney and Counselor at Law
GWINN TAURIAINEN PLLC
901 Wilshire Drive, Suite 550
Troy, MI 48084
(248) 247-3300
(248) 247-3310 facsimile
daniel@gwinnlegal.com
www.gwinntauriainenlaw.com