By Robin Roshkind, Esquire, West Palm Beach, Florida
If a divorced parent doesn’t pay child support pursuant to court order, that does not mean he/she relinquishes rights to time sharing with the child. On the other hand, a parent cannot with hold time sharing from the other parent, simply because the other parent is with holding child support. As far as the judge is concerned, one has nothing to do with the other.
On the other hand, if a parent is supposed to have time sharing to a certain extent, and they does not exercise that right, the other parent cannot force the issue. The recourse is to go back to court for additional child support, because that parent is not taking the child as much as they should be under the child support scheme in place. A parent cannot force the other parent to take the children when he/she is supposed to. That parent can just make a child support modification accordingly.
Child support and time sharing cause much ligitation post divorce. This is because children are often used as pawns for one parent to get at the other. The only one that suffers is the child/ren.
If you are having problems with your former spouse and have a Palm Beach County case, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.