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megan0228
Oct 18, 2013, 07:35 AM
Child support keeps taking my husband to jail at least 3 times a year for non payment, but he has not seen his 3 kids in over 5 years can they do this? Or can he just say he abandoned them?

smoothy
Oct 18, 2013, 07:48 AM
Who's decision was it to not see them? if she is refusing to let him see them he gets the court to enforce the vistation schedule.

But he doesn't get to withhold child support on the basis he hasn't seen them. Once a support order is in place.. he owes the money if he decides to see them or not. For the duration of the support order.

WHich assuming they don't have major disabilities...lasts at least until they turn 18.....and some places includes college and until they turn 21.

ScottGem
Oct 18, 2013, 08:59 AM
In most cases, visitation and support are separate issues. He does not have to see his children for support to be due.

If he has not seen the children, who's fault is that? Is there a visitation order in place through the courts?

And no, he can't just say he's abandoned them. There is a court order for support and if he does not pay what he owes, they will jail him, garnish his salary, etc.