What to do if my ex-wife refuses to follow the divorce decree and has denied me visitation for over a year and a half?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-wife refuses to follow the divorce decree and has denied me visitation for over a year and a half?

I have child support drawn from my civilian job and my military job when im on active duty orders. But now its coming out of my regular drill pay with means she gets more than the court ordered amount. How can I fix that with out taking her back to court? We have true joint custody on paper but if relinquish my parental rights will I still be forced to pay support even tho I am not getting to see my kids now? We both live in the same state with them just moving last month and I still did not even get a notification of that nor will she allow me to see, talk to or have any contact with them.

Asked on November 13, 2012 under Family Law, Alabama

Answers:

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

Answered 8 years ago | Contributor

First, courts will not allow you to relinquish parental rights to avoid paying child support.  SO what you have to do is to take her back to court NOW and ask for a modification of the amount if that is what you need to do and to hold her in contempt for failing to abide by the court order and obstructing your parental rights.  That is a very serious matter. Thank you for your service to our country. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption