A common topic that comes up is the issue of child support and child access. “Is my ex-spouse allowed to cut off visits with my children because I am behind on child support?” Very few things are black and white in the family law arena. This one is clear; the answer is “no”.
This issue crops up frequently among families of divorce. When the noncustodial parent falls behind on child support, the custodial parent assumes the ex-spouse has lost the right to see the children. Although many parents believe access is tied to child support, access is actually a custody issue rather than a support issue. The two arrangements are independent of one another. The court’s main concern is what is best for the children — and it is in the best interest of children everywhere to have a strong, loving relationship with both of their parents.
While it is always in your children’s best interest to receive financial support that is consistent and on time, each parent has an obligation to support his/her children. Regardless of a parent’s financial status, each parent has a right to see his/her children. Another way to look at it is that children should never be held for ransom, and parents should never have to pay to see their children.
When your custody case was finalized, the judge ordered that you be allowed access, at specified dates and times. If your ex does not allow you to see your children as ordered, then your ex is violating a court order and can be held in contempt. On the other hand, your child support payments are also court ordered, and you can be held in contempt if you do not pay.
Linda is pleased to help sort your child custody and access issues.
If you are considering divorce and need the assistance of an experienced lawyer to help you work through some of these issues, then please contact Linda Sorg Ostovitz at lostovitz@offitkurman.com or 301-575-0381.
ABOUT LINDA SORG OSTOVITZ
Linda Sorg Ostovitz is a family law attorney. Her legal experience spans more than 34 years. In this time, she has served as a leader, educator and advocate. Mrs. Ostovitz holds a prestigious fellowship in the American Academy of Matrimonial Lawyers. Currently, she serves as President for the Business Women’s Network of Howard County, by which she was chosen Woman of Distinction for 2014. Mrs. Ostovitz represents clients in Howard, Anne Arundel, Carroll and Baltimore Counties. Her practice focuses exclusively on divorce litigation and mediation, child custody and access, child support, alimony, business valuation, as well as property and asset distribution. In addition to providing legal representation in court, Mrs. Ostovitz provides mediation services to help families come to a fair and legally-sound conclusion outside of the traditional court proceedings.
ABOUT OFFIT KURMAN
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