DoI have to pay child support ifmy wife isnot letting me see my daughter?

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DoI have to pay child support ifmy wife isnot letting me see my daughter?

She left with our 3 year old daughter and is not answering my calls. She has applied for child support services but is not letting me see my daughter. We did not file a divorce yet so there’s no court order saying that I can’t see her. Is there anything I can do?

Asked on August 16, 2011 California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  First, without being simplistic, you know that two wrongs do not make a right. Second, if there is a court order in place for the child support and you do not pay it, the courts can hold you in contempt and throw you in jail, fine you, or both.  And your salary will be garnished as well.  Do not put yourself in that position.  Your wife can not deny you access to your daughter.  But you need to make sure that she is in the same position here.  Go and seek a temporary custody and visitation order so that there is something set in stone about the issue. Remember that your daughter has no idea what is happening and she will be the one to suffer should this escalate.  Good luck.


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