Ex denies visitation


#1

my ex has been denying my weekends for about a month. we have a separation agreement. it states that i get every other weekend. can i file for an ex parte hearing to have visitation enforced? can i stop paying child support it is not court ordered if i cant have my children for overnights? or at least have it reduced i am paying more than the minimum


#2

You may not file for an ex parte hearing, as those are meant to deal with emergency situations. If your custodial schedule is outlined in a separation agreement you may either file an action for breach of contract, or may institute an action for child custody.

You may not stop paying support, or move to reduce the same, your obligation to support your children is not contingent on your ex’s behavior.


#3

so if my child support is not court ordered and i voluntarily agreed to this amount even though it is more than the guidelines i cant petition to have it reduced?


#4

The court will presume that the amount of child support you agreed to was set because it was in the best interest of the children that you pay that amount. Unless there has been a substantial change in circumstances (related to your income or your ex’s income) the court will likely not adjust support.


#5

ok she is being very difficult. if i file for breach of contraqct and win can i sue her for the court costs? it is my understanding that i can get makeup time?


#6

If your agreement has language that states the loser of a suit for breach must pay the other party’s attorney’s fees, you will be awarded the same. The judge will determine the amount of make-up time as well.