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Oct 05
2005
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Ask a Lawyer: Do I still have to pay child support if being denied visitation?Posted by: Dads Divorce on Oct 5, 2005 Tagged in: Visitation , Parenting , MO , denied visitation , custody , child support suspended , Ask A Lawyer
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Question:
I have a 3 year old son with an ex-girlfriend. My current wife and I were told we can no longer see him, due to the fact that in February 2005, I was asked by his mom if I would take him and look after him while she went on vacation for her birthday. I told her no simply because the last two times he was with me (while she went out of town) she didn't return when she said she would and caused me to recieve a warning and a write up on my job due to tardiness. She immediatlely said I will never see him again, and even called my sister, who would get him some weekends from her, and told her she can't see him anymore because she knows that she would let me see the child. I'm ordered to pay child support. Now I don't have a problem paying it. I want to take care of my son, but if I can't see him do I still have to pay? What can be done? I'm sure she can't have it both ways.
Answer:
It is unclear in your question if you have a court ordered custody order. You need to file a Petition for Determination of Father-Child Relationship (a paternity action) to establish any physical or legal custody rights to your child. The division of child support enforcement can determine paternity and enter a child support order, but cannot enter a custody order. If you do not have a custody order from a court you cannot stop paying child support because you are denied visitation. However, if you have a child custody order that the mother is refusing to file, I suggest that you file a Motion for Family Access and Motion to Suspend Child Support. Missouri has a law that allows a parent to petition the court to suspend child support when court ordered visitation is denied for thirty days or more.
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written by anonymous, June 26, 2009
My husband and I get his son about once a month and ALL summer every summer. We continue to pay child support during the summer and to me that doesn't sound right. If we have the child for 3 months why are we still paying her!??? Let me know if this is legal or what we should do. Thank you.
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