If my ex-husband has forced me to give himvisitation more than has been ordered by the court, isn’t he still responsible for paying child support?

I have joint legal custody with my ex-husband of our 3 children. He is court ordered to pay child support on the 1st of every month. Next month will be the third month in a row that I have not recieved any money. We normally have the children week-on, week-off, this is also a court order. He tried to modify custody and support less than a year ago and only lowered his payments. He is yet again trying to modify both and is making it impossible for me to keep our regular schedule. He has had the children in his care much more than our regularly scheduled rotouine due to threats, etc. Shouldn’t he still be required to pay child support?

Asked on October 30, 2011 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  Your husband is obligated to pay the child support amount that has been established by the court.  He can not modify it himself, although he sees like a pro at getting it lowered.  This next attempt is based upon his having them more than usual but that was only because of your fear of his threats.  I think that it is time that you consult with an attorney on this matter.  The threats have to be called out before the court and you need to explain yourself and your fear for your safety and the safety of the children, if that is the case.  And you need to ask that the court not allow modification of the support order or the agreement and establish a judgement for the arrears and garnishment of the future payments.  Good luck. 

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