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Wednesday, February 16, 2011

Is Failure to Pay child Support gounds for Refusal to Allow Contact/Visitation?

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Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Per Florida Statute §61.13 (4)(a), when a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights.

But under §61.13 (4)(b), when a custodial parent refuses to honor a noncustodial parent's visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

Under §61.13 (5), the court may make specific orders for the care and custody of the minor child as from the circumstances of the parties and the nature of the case is equitable and provide for child support in accordance with the guidelines in s. 61.30.

An award of shared parental responsibility of a minor child does not preclude the court from entering an order for child support of the child.

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