The father goes into child support arrears and pays them late each month after 4 to 10 days. Can I use this against him in custody court?

[Anonymous]

The father has unfortunately been late with his child support payments each month ranging from 150-700 dollars each month. He will pay it off each month late 4 to 10 days after the due date which is the first of each month. On his petition to establish custody, he filed to the court that he makes his child support payments timely and no arrears. Can this be used against him in court as a lie and the penalties that lie behind falsifying information to make me look bad.

He has also made it out that I with hold visitation when I have text messages proving I have asked him to come to my state to see my girls but he refuses because it is not the location he wants to see them. He is out of state and always wants me to drop them off in his state which I refused because I was told by an attorney not do that. So in turn I offered him to come to my home city so it does not look like I'm denying him his rights but he wrote in his petition to establish custody I have not let him see his kids for 5 months.

I need help on this any way possible to bring down all the wrong brought upon me and my children.

[Anonymous]

Obviously consult your attorney because laws can vary state to state on this but generally late or missing child support payments do not affect custody or visitation. The court considers those two separate issues. It’s possible that he could be sanctioned by the court for submitting false information about his payments though. The fact that he does make the payments, even if they are a few days late, probably means that it won’t amount to much though, as he is making an effort to pay it. Follow your attorney’s advice on visitation. Don’t volunteer to drive the kids out of state unless the court establishes a visitation schedule that requires it. You don’t want to volunteer anything that might be a hardship for you.

[AviatorTom]

You need to talk to a lawyer, who can determine exactly what is in your child support/visitation agreement.

It may not be good to complain about him being days late each month... that might cause him to stop paying altogether.

[ChillaxingLove]

You need a professional advice. This is a really bad place for legal advice for a life altering case

[Anonymous]

Get your lawyers opinion on this.