If the father is paying child support but isn’t getting visitation right, will the agreed child support go up? Basically, the mother agreed to do visitation and is now changing her mind. Could go to court, but the father has other children that he takes care of. He wants rights but doesn’t want to fight it. He fought to get the DNA which led to him having to pay child support. The mother will act like she is agreement one day then change her mind and make up rules the next. Can child support go up if he doesn’t have a part of her life?
This is a loaded question.
All ill say is depends on your state, circumstance and talk to a lawyer.
That is absolutely sad and yes from every situation I’ve seen with child support the father still has to pay the support regardless of seeing the child
Not unless it’s 50/50 visitation. I would get a court order if you want to see the child. Make it in writing that you get the child said days a month if she goes against it you have the upper hand. She can’t just flip on you and stop your visitation.
She would have to admit that she isn’t allowing agreed upon visitation which won’t work in her favor. It shouldn’t be adjusted unless either parent goes back to court to request it. Typically custody and child support are two separate issues.
It goes by the numbereth of child. Ie is child 1st 2nd 3rd 4th… child support is based on his yearly gross income
Sounds like everything needs to be legal with the courts, both child support and visitation. If she doesnt hold up to her agreement on visitation she could be held in contempt. Just because a man doesnt see his child doesnt automatically mean child support will increase. Theres lots of factors that go into the amount of child support.
Whatever is in the court agreement stands. Paying child support does not equate to visitation time. they don’t truly want it if they won’t fight for time. All laws are posted online and it’s not rocket science to do it without a lawyer so unless they’re just lazy, they should just fight it instead of relying on a verbal agreement.
Way too much to consider in some states. The fact he’s not willing to fight for his child says a lot in itself
I think it depends on the state. But it should be based off his income.
I’m confused about what you’re meaning. And it may be different in every state. Are you asking if the baby momma decides she doesn’t want him to have visitation, will he pay less in child support because he doesn’t see the child? Because no. But also, she probably doesn’t get to make the call. And if a judge thinks dad is fit to have visitation then the mom doesn’t have much of a choice Mom could request supervised visitation, would be up to the judge. But I think (think, I really don’t know for sure) that across the board in all states, child support is based on the income he brings home and if he’s paying on any other children they factor that in. I don’t think any state would lower child support because he doesn’t physically see the child more often or not. Absolutely agree with a previous poster, this is a talk for an attorney in your state for sure.
“He wants rights but doesn’t want to fight”
It’s based off him income regardless of if he is a real dad or a deadbeat who makes excuses
This is a whole hot mess Because there’s a lot unanswered, but it sounds like things need to be done through the court if they’re already not. Child support is usually based off of income and how many children are involved but is going to be different in every state. If mom and dad just have a verbal agreement for x amount and you go to court the amount could very well change. Talk to a local lawyer or legal aid and get things done officially
He WANTS rights, but doesn’t want to fight it?
I’m confused… the father isn’t getting the kid because the mother changed her mind on visitation? Lol she can’t decide if he gets visitation the courts do. And from my understanding child support is based on income not visitations.
In my state, it doesn’t matter if he sees the child or not… he still has to pay.
Wants rights but doesn’t want to put up a fight? And is more worried about child support going up than anything?
He can file contempt of court with zero money sounds like a cop out to just say I don’t have the money so whatever
In Canada, they go by what the father makes and it doesn’t matter if the father is in the child’s life or not. My son’s father was wanting to relinquish his right’s but couldn’t. He’s paying $900 a month and has nothing to with his son. He’s never met him and he’s 8.
Usually visitation has nothing to do with support. Its usually thr same unless custody/visitation is 50/50. And if visitation is written plainly in court papers and she goes against them shes in contempt. And one would need many examples of her breaking the court ordered visitation.
Yes child support is based on income and what the custody arrangement is.
Why can’t he just stop seeing the child until he get court ordered visitation?!
I don’t understand the" want rights but don’t want to fight it" and " had to fight to get DNA"… Um so… it costs $500 at DHS/CSS… Never went through that… But, I’m pretty sure they would sopeana(sp.) her to be there… Sounds like it’s just about the money.
It depends on your State Laws for Child Support. The best way to get it resolved is by knowing the laws and if the situation is complicated get a lawyer who can help you navigate the situation.
In my experience if the Father doesn’t want to fight in court , he will most likely end up loosing in mediations, courts, child support etc etc. I have seen that the less visitation time for the Father, Child Support will go up. Child Support is also calculated based on the Father’s Income and the Mother’s Income, not sure about all the states though. In some states they do consider the Father’s responsibility to other children to calculate child support.
She can be held in contempt of court
omg really???he only wants visits to keep cs amount down???seriously???your husbands a moron…ooooh wait…so is the mom for jerking him around!!!
Depends on your state. I know in my state, child support and visitation are two completely different things. One does not affect the the other.
Child support is regulated by state so it depends what state you’re in. In Indiana, it can because there is a discount for overnight visitation. Other than that, support and visitation are separated so choosing not to see the child won’t affect support.
One thing I don’t understand is the father wants rights but doesn’t want to fight it?
The actual fck is that?! You either want it and fight for it, or sit in the back, pay and don’t complain.
Child support goes off income.
I also feel like there is definitely so much more to this then just the “mother has changed her mind”…
Theres always more to the story…
If he pays child support he should have assigned visitation
It’s based on income. The part about him not wanting to fight for his child is sad. And if they have a court order for visitation she can’t change her mind, that’s illegal. But I guess he would know that if he actually wanted to fight for his kid. Seems more worried about the money aspect instead is what I’m gathering from this.
Yes. Child support is based on income, and the number of days that each parent has the child. If the one paying child support is no longer going to see the child, child support can be adjusted. But I think it’s up to the parent who receives the support to ask for a modification.
No if the visitation was court ordered then you could take her back to court .
In many states he can take her to court for contempt if she doesn’t follow through with visitation or with their agreed situations. He should only text so he has documentation to submit to court or mediator. If he wins the contempt case she can be forced to pay for both sides legal fees at least in the cases I have seen. Unless she has a really good excuse for jerking him around and can prove it (like if she thinks he is unfit) the judges I have watched in the courtroom don’t really take kindly to parents denying the other parent the right to see their children. Many states your support is based on the amount of time you have the kids so if you see them more your support would be reduced because you are now paying for more of their living expenses.
Child support and custody are two completely different deals! If that helps any.
why would it go up ? if he dont see the child did i read it wrong ? its not his fault the mom won’t let him.
He should call the police with his court papers in hand the next time she wants to keep the kid away. 2ndly child support and custody arrangements are separate and are determined in court at different times
NY is income based. Doesn’t matter who has the child more or not.
Document everything dates time places so you will have it for the courts
It varies with your state. Here in Minnesotan it’s based on income.
Visiting and all that is separate and taken to family court.
Also, a party cannot terminate his or her custodial rights simply to avoid a child support obligation. I only say this because I get this thrown in my face a lot from my sons dad.
Don’t keep him away from his dad
First of all the mother can’t change her mind on visitation. If you have court ordered visits & she’s not abiding by it then the father can file a petition to get her charged with contempt. He needs proof that she’s keeping the kids from him & he’s not avoiding seeing them to get her in trouble. Or that he’s lying all together.
The father having other kids does come into consideration with child support but shouldn’t imo. Nobody ever tells a mom “you have 5 kids now so you can feed the older 3 less”. Kids have to be taken care of no matter how many kids you have.
As for the initial question. Yes if dad has the child less child support may go up. I know this couple who had agreed upon 50/50 custody. The kid started school & it was easier for mom to keep him, dad never really took care of the kid anyway. It was always girlfriend or his mom. She went for primary custody & won. He lost 50% because he wasn’t taking care of the child. Anyway his child support more than doubled.
I don’t think it goes up but it’ll definitely go down with more visitation. The only thing that makes it go up is if you have an increase in income
She still exists whether or not if he sees her.
In Florida, child support has ABSOLUTELY NOTHING to do with visitation and vice versa. They are 2 separate things here.
First of all child support and visitation are two different battles. Second of all any woman that stays with a man that doesn’t fight for his child is sick. Lastly, any man that won’t fight for his child doesn’t deserve the right to call himself daddy. Child support is based off income and in some states they’ll take into the account of the amount of children he cares for but not in every state. If visitation was court ordered then he has legal bounds to hold her in contempt through the courts.
If his income has went up, then yes. Otherwise, not likely
Yes, as it should. He doesn’t really want rights if he won’t put any effort. Probably doesn’t want to pay either, being that this question is the main concern. There’s so many other things that he should be concerned about getting advice on than child support.
It goes on how much time he spends with the child also his yearly income and her yearly income
Children aren’t something you buy!!!
Child support is support, it’s calculation is based on both incomes split in half because 2 people made them… That’s the full amount minus if any circumstances wrote in like extras (daycare, sports, etc)…
Visitation considerations are only looked at by a judge n lowered if they feel time at both is shared…
Take her back to court…
In arkansas my grandson pays a lot in child support and doesn’t see his child cause the mom wont let him
The father needs to not be a peice of shit and fight for his kid.
No child support won’t go up if one of the parents don’t have anything to do with the child unless a judge court orders child support to be raised.
You really best bet would be to speak to someone in your state as the information can vary.
Yes its income based but its also custody based as well the %both parties have the child over a calender year
This sounds like a straight up troll post. If the mother is the one keeping the child away by changing her mind and making up rules then the father absolutely should not have to pay extra, talk about manipulative POS women.
I don’t believe so,plus the mother is denying visits
Just take them to Maintence Enforcment (i don’t know if that is anywhere else, but here in Canada, it sure is)
No.
Also if he wants to be in the child’s life then he has to fight to make the visitation happen. Can’t just not do anything if already been forced to pay child support, have plans in place for visitation and had DNA testing.
Pointless not following through if care.
No. And no judge would deny the father visitation if there is no just cause to do so. He wouldn’t even need a lawyer to get basic parental rights. The child deserve to have her father in her life. The mother sucks for preventing that, and the child will wonder why her dad didn’t fight for her. Sounds like a sad situation
No. Visitation and support are different. The mother sounds like an ass
Nope it’s goes on the father’s income
If they had shared parenting (50/50 to 60/40) and then she has them more than 60% of the time, yes, the support goes up.
Nope and usually there’s a custody case in place so when the other parent isn’t upholding their end of the bargain, it is enforced by the law
You cannot deny court ordered visitation it is contempt.
It’s different everywhere but where I’m from it’s based of their income regardless.
Not unless he makes more money. It will stay at amount that the first child support was set at. If its court ordered that he has visitation with his child she is in Violation of the law and she can go to jail
Child support and visitation are two separate things. Depending on what state you are in, visitation is under the “standard visitation schedule” unless it has been ruled on by a court or if both parties agree to something different. If there is not a court ordered visitation schedule both parties have 50/50 visitation from what I understand.
Yes depending on the current agreement just like it goes down the more visitation he gets. If he has court ordered visitation its not up to the mom he can easily email a parenting time complaint form from your local friend of court. If he just lets her say no then he wont have much of leg to stand on with increasing his visits but shouldnt drop less then every other weekend however in this day in age their is no reason for a man or women to only have their kid 4 nights a month.
Child support and visitation are separate issues. The amount only goes up if there is a significant increase in pay and a review
Child support will not go up in that case. My daughter’s father only lost visitation after 7 months in court and there were actual reasons behind it but Child support never went up because of him not showing up for visits nor when he lost his visitation. BUT, if the courts choose to terminate the fathers rights, the child support will go away (in most cases). My daughter’s father lost parental rights finally after 3 years of fighting to have them taken. He doesn’t owe me any money after his rights were terminated, just back child support which I don’t even want.
No it wouldn’t go up it will stay the same
It’s based off of income lol
Yes, child support is based on time shared as well as income history.
There should be a custody agreement through the court bc if she doesn’t follow it she can be held in contempt. Child support doesn’t usually determine visitation schedules but yes child support is based on how often each parent has the child. If he is not seeing the child then yes child support could increase.
If the dad has court papers stating he has visatations then he should enforce them. If she wants more CS… Then they have to back to court.
Depends on state.
In my state child support and visitation are now 2 separate court rooms/appearances so his visitation cannot be effected due to lack of child support and child support can’t be effected from lack of visitation…
My kids dad hasn’t seen him in about 5 months and hasn’t paid child support in 11 months. We actually have an upcoming court case regarding child support soon bc the states taking him but as far as visitation, I have to bring him back if I want it to be lessened, since he isn’t utilizing the times he’s already been given.
Edit to add **** if you have proof that she’s been keeping your child from you then petition to go back to court and bring the evidence that you are trying to spend time with your child.
If they already have child support agreement they should also have a visitation court order. All he has to do is file with the court that she is denying him his time with the child and he can get every hour that he was entitled to have the child awarded to him.
Where I’m from that is 2 different court hearings. If he has it in writing that he gets visitation and she will not let, then she is in contempt of court and can get in trouble. If she wants more child support then she has to take him to court.
Never heard of that being the case. My oldest two kids donor pays child support but chooses to not see them. The only way my support would go up is if he got a raise or more hours that he would be making more. Now if the parent wants to spend time with kids and has a court order saying he can, but custodial parent isn’t allowing it, you can file a complaint with the court and that parent could be held in contempt of the court for not following court orders
Depends on placements and overnights. If both parents have 50/50 placement then income is the deciding factor. If dad only does every other weekend then support is probably at the standard for the state (here it’s 17%) but if he has older kids then those are taken j to account
Visitation has no influence on child support with the exception of shared parenting. However, if they are his children/legal step children it could be reduced if it wasn’t initially considered.
Depends on the stau are in bc here in Mississippi where i live no
If he doesn’t want to fight for his kid than id hope it would go up.
My children saw their dad 1 a month court ordered but he broke court orders so which all visitations have ceased he still legally has to pay child support although he refuses to if he don’t see the kids.
Id ask a lawyer tbh most lawyers will do a free over the ohone consultation. Cause if he signs his rights then I’m assuming he wouldnt have to pay.
Depends on state. Here they can get a discount for having them more, so yes it could change. But honestly, it’s case by case
Two different cases, but can be addressed by same lawyer.
Sorry if he has rights he should really step up n fight for them. It’s for the kids benefit not how easy it’ll make it on him.
He fought for DNA but won’t fight for custody well yep his child support will be adjusted accordingly
My ex pays child support and there isn’t court ordered visits. He does normally see her once a week on Saturdays, but that has changed due to the covid-19. Child support has been the same for x amount of years.
No they won’t they are 2 different things. One isn’t based on the other.
In WA it’s two different things. (Sometimes you can intertwine them into one hearing)
But they don’t determine the amount by time spent with kids here. Just based on custody agreement and income.
If 50/50 with CS ordered its whoever makes the most.
Otherwise it’s the primary custodian can request child support and they ask parents to either agree before the hearing on a amount and sign papers to bring or if they can’t agree then the judge will decide the amount
No. Child support and visitation in all 50 states are the same… two separate issues.
Depends on state but every parent is entitled to visitation regardless if she wants to take it away. However, he would have to go into court and have it put in an order to avoid hassle down the line.
Child support is based off income and at times they factor in who has the child more, like if it were joint type custody. But other than that it doesn’t chance if he wants visits or not, he will have to lay child support but absolutely will be allowed to have visits with said child as well.
Sounds like mom is a pos.
No. It only decreases if other parent has the child more.
Depends on states and income levels. If he isn’t seeing her at all (overnight) then take him back to court. The other mother should do the same. If you take him back they could count the other kids and you may get less.
If he’s allowed visitation by court order he can file contempt and ask that the legal fees, court costs etc be paid for by her if she is found guilty