Unfortunately, this happens more than child custody attorneys would like to admit: The mother and father aren’t getting along or the mother is bitter so she won’t let the father see his children. Sometimes, mothers will go to great lengths to ensure their exes won’t see their kids. For example, a mother may take her children away for the day, or she may take them out of town on the father’s weekend.
When mothers hide their children from their former husbands during their court-ordered parenting time, it’s not uncommon for fathers to lash back and withhold child support. While this may be a natural response for most fathers, it’s not a practical one.
A lot of fathers ask us, “Can I stop paying child support if my ex won’t let me see my children?” The answer is “no.” Parenting time and child support are two separate matters and if a father stops paying, he can face all sorts of negative consequences, such as:
- Wage garnishment
- Bank account seizure
- Tax refund intercept
- Lottery winning intercept
- Driver license suspension
- Held in contempt of court
- Denial of a U.S. Passport
To learn more about enforcement remedies in Colorado, click here.
Whether you’re a mother or father, if your former spouse is not letting you see your children during your court-ordered parenting time, our advice is NOT to stop paying child support because by doing so, you can face serious repercussions. “If I can’t stop paying my ex support, what are my legal options?”
Our advice is to do one of the following: 1) file a Contempt Motion against the other parent with the court, or 2) file a Motion to Enforce. Of the two options, we recommend filing a Motion to Enforce because the court addresses it quicker than a Contempt Motion. With both motions the court can order your former spouse to pay your reasonable court costs and attorney fees, which is definitely appealing.
To schedule a free case evaluation with a Denver child custody lawyer, contact Jones Law Firm, P.C. today.