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Should you stop child support if you're being denied visitation?

Divorces rarely bring out the best in people. All too often, people who at one time worked wonderfully together are now doing whatever they can to spite their former spouse. In many divorces, child custody and child support are some of the most emotional and contested areas. One spouse may feel like there is too much visitation, while the other may feel like there is not enough. Neither party is likely to be happy with the amount of support that is ordered by the courts. The best way to ensure a fair and equitable final divorce decree is to retain the services of an experienced divorce attorney.

Initial custody and support orders are temporary

While the state of Texas will issue final orders when your divorce is completed, temporary orders are typically put in place as soon as one spouse filed for divorce. Many times, this means that the courts are relying on information provided by only one party to determine custody and the amount of support.

For families whose monthly income is $8,500 or less, a calculator is used to determine support amounts. Many times, these calculators fail to take special circumstances, such as household debt or special needs children, into consideration. The final order is usually based on more comprehensive information.

When you go from sharing daily custody of your children with your spouse to receiving only alternating holidays and weekends, as well as an evening during the week, it can be emotionally devastating. Combine that with a support order that consumes much of your income, and you have a perfect recipe for frustration.

Refusing visitation violates a court order

If your former spouse is denying you visitation as outlined in the temporary custody and support orders, you may be tempted to push back by refusing to pay support. Doing so will only make you look bad to the courts and hurt your case for custody.

Instead, speak with your lawyer about your visitation problems, and be sure to document each denied visit or visit that was cut short. Continue to pay your child support in full. When your day in court comes, you will be able to demonstrate that you put the best interests of your children first, which can help establish you as a good parent to the courts.

Your attorney may be able to have your support adjusted

While you are waiting for your final divorce hearings, your attorney may be able to have your temporary support amounts adjusted. Doing so requires filing a request for a hearing and presenting evidence about the family finances and your income to the courts.

An experienced divorced attorney understands the process and what kind of documentation can help your case. The best way to ensure a positive outcome when there are issues with your child support and visitation are to retain the services of an experienced divorce and family law attorney as soon as possible.

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Vernier & Associates, PLLC Vernier & Associates, PLLC

Vernier & Associates, PLLC
2441 High Timbers Drive Suite 110
The Woodlands, TX 77380

Phone: 281-882-3271
Fax: 832-585-0955

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