Visitation


#1

I have physical custody of our 3 children and was recently laid off from my job. Our custody order requires meeting halfway for visitations because we live in two different states. The NCP lives in NC. I do not receive regular child support, even though I have been trying for a year to work with the two states to establish an order for support, but absolutely nothing has been done. Both agencies seem to have no clue on how to proceed and who has jurisdiction.

That being said, it costs me over $200 in gas to meet for visitation. I don’t even know if I can make rent and pay the electric bill next month, let alone come up with $200 to drive up for Thanksgiving visitation and then again at Christmas. My ex does not care that the kids and I may have no place to live next month. Is there a way to seek temporary modification of the visitation schedule outlined in the custody order until such time as I get employment? Would the court even consider that? The order was established in NC.


#2

If your Order requires halfway meetings to facilitate visitations, then you will need to do it or risk being charged with contempt. I understand your frustration at not receiving regular child support but being expected to spend hundreds of dollars to take the kids to visitation. In NC, visitation is not dependent upon child support or vice versa. They are treated as entirely separate entities. So, you cannot say withhold visitation unless he’s caught up on child support. Your remedy is to continue trying to establish an order for child support. Alternatively, you can try modifying custody to cease these halfway visitations or make him reimburse you for gas. You might need to consult with an attorney to help you with that process. In the meantime, you will need to accomodate the required visitation or risk contempt. If contempt does get filed on you, you can present evidence of your financial hardship to the judge about why you could not accomodate visitation, but you are taking a risk.