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,
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?”
Are You a Victim of Parental Alienation Syndrome?
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.