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If One Spouse Interferes With Visitation, May The Other Stop Making Payments?
The following example illustrates a common situation in which one spouse interferes
with visitation and the other responds by withholding support payments.
After the divorce, Ellen thinks that her husband Andy
is a bad influence on the children, so
she doesn't take them to the court-ordered visitations. Also, she won't let the kids come out
when Andy drives to her house.
Andy gets angry and stops making child and spousal support payments.
Ellen takes Andy to court for his failure to pay. Who does the court support?
The court supports Ellen -- Andy has to pay.
In most if not all states, if one spouse prevents another from having visitation, the thwarted
spouse still must pay spousal maintenance and child support.
So what can Andy do?
Andy must return to court to enforce the visitation order. Ellen's defying of the court-ordered
visitation is "contempt of court," which can be punished by a fine or jail sentence.
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