If I have a court order that my kids go with their fathers on the weekends but they are not paying their child support, will I get into trouble if I keep my kids home until they pay?

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If I have a court order that my kids go with their fathers on the weekends but they are not paying their child support, will I get into trouble if I keep my kids home until they pay?

Asked on November 23, 2012 under Family Law, Rhode Island

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you will absolutely get into trouble and be in contempt of court. The two are separate issues and you cannot (read absolutely cannot) use one as a bargaining chip for the other. Case law across the country has dictated this cannot happen. You must allow your children to visit with their father.  This is in the best interests of the children and the court does not take kindly to using the children like I said as bargaining chips. You can, however, file a contempt motion in court against him to force payment and perhaps meet with your county prosecutor to force a garnishment of wages. 


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