Articles Tagged with California family visitation rights

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visitation deadbeat parentsDeadbeat parents are one of the biggest complaints among divorced couples. While deliberately ignoring one’s financial responsibilities toward one’s progeny is, indeed, despicable, can a custodial parent respond by refusing to allow the non-custodial parent court-ordered visitation? The short answer is an unambiguous NO! That being said, there are other ways to deal with this situation. A local family practice attorney can address this and other issues in greater detail. 

Unrelated Court Orders

The fact of the matter is, a visitation order is separate and unaffiliated with a child support order in terms of enforcement. The only linkage between the two relates to the percentage of custody one parent has related to the incomes of both parties.  Just as a parent who is ordered to pay child support must continue to do so even if the custodial parent refuses to allow visitation, a custodial parent must continue to allow visitation even if the non-custodial parent fails to pay child support.

Collecting Payments

There are a number of tools available to parents who are struggling to collect payments on behalf of their minor children. Among them are:

  • Wage Garnishments: Income may be automatically deducted from a delinquent parent’s wages in order to ensure the required payments are made in a timely manner;
  • Interception of Federal Tax Returns: When deficits in payments occur, the state can intervene to snag federal tax returns;
  • Capturing lottery winnings: Delinquent funds may be stripped off the top of any such winnings;
  • Licensing Restrictions: Driver’s and other professional licenses may be suspended or revoked until payments are up to date;
  • Passport Revocation: The delinquent parent will not be allowed to travel outside the country;
  • Contempt Charges: The delinquent parent may be charged with contempt of court and ordered to pay fines and/or go to jail.

In the event none of these strategies gets the attention of a delinquent spouse, the Federal Office of the Inspector General can pursue delinquent parents who live outside the state wherein the child resides. Those actions might include fines and/or a prison sentence:

  • Fines and/or six months behind bars for a first offense;
  • $250,000 and two years behind bars if payments have been lagging for two years or more, or more than $10,000 is delinquent.

Will Bankruptcy Impact Child Support?

Even if a non-custodial parent files bankruptcy, the child support obligation remains. The only way to amend this order is to go back to court and convince a judge that future payments should be changed. Until that happens, the previous order stands and will be enforced. Continue reading →

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Holiday VisitationHoliday visitation after a divorce. Managing child visitation scheduling, let alone the emotions, associated with the holidays can be tricky. Ultimately, the best thing parents can do is to remember that its your job to make things easier for the kids. Here are some tips on how you can do that:

Maintain or Create a Good Relationship with your Ex for the Sake of the Kids

It goes without saying that you should do everything in your power to minimize tensions with your former spouse when the kids are present. Beyond old-fashioned courtesy, you should never badmouth your ex to the kids. Do just the opposite, pointing out their good qualities. Ask your former partner for a framed picture of themselves to display in your child’s room. Create a stress-free relationship by encouraging phone and email communication on a regular basis.

Holiday Visitation – Arrange Schedules Early

Coordinate with your former spouse about special events, relatives from out of town, and other things that might impact the holiday visitation schedule. Do not hold children back from fun activities with their other parent out of spite. Show them that you get pleasure from knowing they are happy and well taken  care of.

Holiday Visitation – When Kids do Not Want to Leave Home to Visit the Other Parent

Even if they resist, kids need to spend time with the non-custodial parent if it is part of the legal agreement. In most cases, it is a temporary panic that will recede with time. Help children who fear leaving home by reassuring them that they will have fun with their non-custodial parent. Tell your child you will plan something fun to do together when they return. If they are anxious about being away, give them something from home to take along for comfort, like a favorite book, blanket, or toy. Having something of the custodial parent, such as a scarf, or even a photo, will comfort some children.

Holiday Visitation – When it Comes to Gifts…

One-upmanship benefits no one. It is so much better to take the competition out of gift giving and remember what the holidays are really about – the spirit of giving, connections with loved ones, and gratitude. By communicating with your former spouse about the spirit of the holidays, as well as about specific gifts you are getting for your child, you can avoid frustrations and disappointment all around. If you really want to help your children through the strain of having two families during the holidays, consider helping them choose a small gift or make a homemade card for the non-custodial parent. What better way to give your children permission and encouragement to love both parents?

Traditions Gone Amok

If your family has had holiday traditions that can no longer occur, replace them with new activities that your children can enjoy. Encourage your ex to take over some of the things that the family once did all together so your child can look forward to spending time there, as well. If there are some activities that can still be done with everyone together and it feels comfortable, there is nothing wrong with that. Continue reading →

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