No. You must give the other parent the parenting time ordered even if child support is not being paid.

Yes. Parenting time and child support are separate parts of a court order with separate enforcement procedures.

Contact the Friend of the Court for enforcement if the back support equals at least one month of past due payments. Your complaint should be forwarded to your Judicial Service Officer either in writing, by phone, or you may appear in person at the Friend of the Court between the hours of 8:00 AM to 5:00 PM, Monday through Friday. Distribution is a federally prescribed formula for determining how to apply payments to the various support accounts.

Child support and visitation rights are separate issues. The court will determine both and will usually order the non-custodial parent to pay child support and the custodial parent to make the child available for visits. The custodial parent has a duty to obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce its orders against either parent.

Contact your friend of the court enforcement officer for enforcement of the support order if the other parent is more than one month behind on the support payments. You may also choose to hire an attorney to start enforcement proceedings. No, not unless your order specifically allows direct payments. If it does not, you might not receive credit for payments made directly to the other parent. No.

No. You can go to Court and ask to end the child support order until you receive your parenting time, but you cannot end payments without the Court's permission. The Court does not like to stop child support payments and it will allow support to be stopped only if there is proof that you have had very serious problems obtaining your parenting time.

Under normal circumstances, parents are to follow all Court Orders and encourage the visits, even if the child does not want to go. However, in extraordinary circumstances where there is perceived harm, parents should act in their child's best interest and consult an attorney.

The child support office in the county where the support was first ordered can help you enforce the order against the parent who is not paying. Several options are available including holding the paying parent in contempt of court and bringing criminal charges. Information you have about the paying parent's address and place of employment can be very helpful.

Yes. The guidelines provide a credit for child care expenses for those children included in the order, relating to work, employment training or education.

Yes. As parenting time and support are separate parts of a court order with separate enforcement procedures.

The court considers the time that a child is scheduled to spend with the parent based on existing court orders. It will not consider time that is not reflected in a court order. The label for that parenting time does not matter. In other words, it does not matter whether it is called custody, visitation, or parenting time.

Yes, but call the county Department of Child Support Services right away. Ask them to review your case. The court can modify the child support order if you lost your job through no fault of your own. For more information about modifying a child support order, click here. Only the court that made the order may change it. When there is a change in visitation or custody of the child, you can go to court and ask for a change in the child support order.

A person can enforce a child support obligation by filing a Motion to Enforce. A court can then order wage withholding and a repayment schedule in addition to the normal monthly child support. If the Court finds the payer in contempt of the Court Order (willfully failing to pay the support), the Court can sentence the payer to jail.

Yes. When there is a change in visitation or custody of the child, you can either go to court and ask for a change in the child support order, or you may ask the local child support agency to modify the court order. You may be able to reduce child support payments or begin receiving child support from the other parent. The amount of the child support order may be decreased if the other parent also must support children from another relationship.

Two factors led to the adoption of the parenting time credit. First, we received several complaints about the shared custody calculation. Under the old guidelines, a different calculation was used when both parents had the child greater than 35% of the time. The support amount changed significantly at 35%, therefore many parenting time schedules never exceeded 34%. Most parenting time schedules will exceed the 20% needed to obtain a parenting time credit.

File a written complaint with the friend of the court within 56 days of the incident. The FOC has parenting time complaint forms available at the office and on this website under "forms". This is your decision as a parent. If you violate the court order in such a situation, you may have to explain your decision to the court at a "show cause" hearing held to decide whether you should be held in contempt of court for disobeying the parenting time order.

No. Proper enforcement of visitation or parenting time rights begins with filing a petition or referring the matter to mediation. Persistent violation of a court-ordered right to visitation or parenting time can be grounds for a change of primary residential parent. There are only a few things in life more difficult or more expensive than disputes over parenting time and final decision-making authority. Be sure that you want these designations for the right reasons.

No. If you withhold child support because a spouse will not allow you to exercise your visitation you are taking the law into your own hands and may be held in contempt of court. You should contact an attorney at Hatch, Little & Bunn, LLP who will advise you on what action you need to take to ensure that your visitation rights are not interfered with in the future.

Even when parents or guardians live in different states, a child support case can be opened at the local child support agency. The local child support agency can work with the other state to establish or enforce the support order. Click here: PUB 251: When Parents Live in Different States

Yes. The CSP and ALJs must compute support according to the parenting time in the last court order or written agreement. If you and the other parent agree in writing as to what is actually occurring in terms of parenting time, support will instead be calculated based on the written agreement. If you cannot agree, only the court can make a finding that the parenting time being exercised does not match the court order.