I have a question on Child Support payments when visitation has been denied.
Some background information…
My ex-spouse and I signed a separation agreement in 2001 and since then the agreement has been followed for the most part although quite often
my visitation at holidays has been ignored if the dates/circumstances have not suited my ex-spouse.
Being a reasonable person and not wanting to create feelings of animosity, for the sake of our daughter, I let it slide.
However, this past year (2010) my daughter has had anxiety issues and did not want to be away from her mom, so again putting my daughter’s feelings first
I did not insist on my visitation occurring every other weekend and every other holidays as is stipulated in the agreement.
After she went back to school my daughter’s anxiety diminished and so I expected to see her again, unfortunately that has not happened
a combination of her feeling busy and with my ex-spouse’s “couldn’t care less” feelings for me.
Tired of being bullied for many years I decided to put my foot down and demanded to see my daughter as I am entitled to do.
In the separation agreement I have a child support payment of $715/month which I have paid faithfully every single month since
(and even before) the agreement was made in 2001. The separation agreement says that it is court-ordered but we never went to court
over the child support payment, it was just agreed upon and signed in the agreement.
So is the child support payment “court ordered” or not?
For the past 2 months I have refused to pay the child support payment and will continue to do so until the visitation schedule is followed.
Obviously my ex-spouse and I disagree on the right and wrong of this, she claims I have to pay irregardless of whether I see my daughter
So I am wondering:
- Where I will stand if my ex-spouse decides to try and sue me for current/missed child support payments?
- Does she have to provide me with the visitation schedule set out in the agreement?
- Is one exclusive of the other?
In addition, in the original separation agreement in good faith I agreed to pay half the costs of college for my daughter, plus
half all uncovered medical expenses (which I have been paying), my daughter is nearly 15.
To be honest, I feel that my ex-spouse has not acted fairly or in good faith regarding our separation agreement and I would like
to change the original separation agreement. Can I do this?
I really do appreciate any advice you can offer me on this.