Divorce is painful. If your former spouse has custody of your children during the divorce, it can be difficult to adjust. Instead of spending every day with your children, now you see them one night a week and on weekends. As if that weren't bad enough, you also have to pay child support for all the time when you aren't with them. It can be heartbreaking and frustrating, particularly if your former spouse is being antagonistic toward you. If you aren't getting the visitation outlined in the temporary orders, it can be tempting to withhold child support until you get your visitation as promised.
If you and your former spouse don't agree on custody, you need the help of an experienced family law and divorce attorney. Especially if your former spouse is withholding visitation and violating the custody order, the advice and assistance of an attorney could prove invaluable.
Rhode Island Takes Child Support Seriously
The family courts in Rhode Island take child support seriously. That means, if you want a positive outcome to your custody case and your divorce overall, you need to be serious about child support as well. The temporary support order issued while your divorce is pending is just that: temporary. If your former spouse filed, it may not have been based on all the information you have at your disposal. You can use additional information to request an adjustment. As long as you continue paying your support in full, you will avoid any issues such as garnishment of your wages or seizure of your tax refund.
If your former spouse isn't allowing you to have your full visitation, you cannot withhold support. Doing so will leave you in violation of the support order. Instead, speak with your attorney. An attorney may be able to convince your former spouse to allow visitation. If not, your attorney can help you document how your ordered visitation has been violated, which can help you later in your custody case.
An attorney can help adjust your support levels
If your attorney reviews your financial information and agrees with you that your child support amount is higher than it should be, you have options. Your attorney can request a hearing to have your child support amount modified. During that hearing, you can present evidence and your attorney will advocate on your behalf. Your chances of success are much better with the help of an experienced family attorney who understands child support hearings. In the meantime, you should continue to pay the ordered support in full. Doing so will show the courts that you put your children's needs first.