Tag Archives: child support

Holding it Together

Our Civil Code is very big on family.  And even though it was first written over 200 years ago, a basic principle of our family law is that children benefit from the care of both parents.  The law requires that parents make an effort to foster good relations between themselves and their children.  Parents are required to take care of their kids, and, incidentally, children have a duty to take care of their parents.

Somehow, though, when the subject of visitation comes up, there always seems to be an excuse as to why the other parent should not see their children:

“I’ve never gotten a dime in child support!”  

“He/she doesn’t deserve to see his/her kids!”

“We always argue when we see each other, and it’s better if he/she just stays away.”

I find that a lot of parents are mistaken on issues of custody law.  A parent with physical or domiciliary custody over his or her children does not have the right to put up barriers that keep children from knowing both parents.  It doesn’t matter if one parent has been negligent in paying support or if you still have your differences since breaking up.  The law wants you to work things out for the benefit of your children, and the law will help to facilitate the mending of broken family ties.

The child support question and “earning” the right to see a child

Does a parent have to pay child support?  Absolutely.  Does a parent’s failure to pay child support affect his or her right to visitation?  Not at all.  These are two entirely different matters in the eyes of the law.  Although frustrating to have a parent withhold support, the law provides a process by which child support can be collected by the State, so as far as it’s concerned that issue is being taken care of.  In the meantime, the law still requires parents to facilitate a relationship between children and both of their parents.  In other words, failure to pay support is not an excuse to remove visitation privileges.

Parental conflict as a barrier to parenting

Obviously if a parent is talking to me instead of the person he or she had a child with, there’s a conflict problem.  I certainly try to minimize conflict between parents when I can, and emphasize the importance of clear communication when dealing with the children they have in common.  The reason I do that is the law requires parents to not only communicate, but takes into account the extent to which a parent is willing to reach across the divide and keep the relationship between the child and the other parent alive.

Now, please understand that I am not talking about domestic violence here.  If you are in a situation where you or your children are in danger of harm because of violent behavior between you and the other parent, allow the court to resolve the issues involved.  You may need a protective order to help keep the peace, and supervised visits may be ordered to protect the children if the court feels it is necessary.  The court may also want to order counseling for you and the children to help the family cope with and prevent family violence.

You need a caring, trusting advisor in child custody and visitation cases

No matter what the underlying problem is, the two of you have a child together, and until that child is grown you will both have to make concessions in the best interest of that child.  That’s hard advice to swallow, but with a caring, trusted advisor on your side you can make the tough decisions the law requires you to make.

Meneray Family Law does nothing but work with family members to resolve these and other important family law matters.  Call Liz Meneray for a consultation today at (504) 330-5522 or e-mail her at liz@menerayfamilylaw.com.

And enjoy your kids, they grow up so fast!

‘I Think I’ll Dust My Broom’

I’ve been cleaning out my closets lately.  You know how it is; things get worn out, things become too tight (or if you’re really lucky, too loose), things go out of style, and sometimes you don’t know why you bought a thing in the first place.  So, you gather up those things and hope someone else can make use of them, but for you they’re just no good anymore.

There’s an old saying that comes to mind, “Dust my broom.”  If you need a change and want to start fresh, then you “dust your broom” and get on with it.  It can take awhile before you begin the cleaning, but you know once you get started you will feel so much better about having cleared away the clutter.  Once those boxes are off to Goodwill, or the last customer has left the yard sale, you can rest easy.

It’s that way with most things.  Your to-do list has probably been nagging at you for some time.

  • Do you need a will?  Do you need to update the will you have?
  • Do you want to donate property or set up a trust or foundation?
  • Do you have a living will that lets your family know what medical decisions you would want made in the event you could not speak for yourself?
  • Do you have a power of attorney so that someone can manage your affairs if you’re unable to make decisions for yourself?
  • Do you have a guardian chosen for your children if something should happen to you and your spouse?
  • Have you recently had a baby, gotten married or lost a spouse?  You may want to change the beneficiaries on your investments and insurance policies.
  • Are you getting married soon?  Do you want to separate certain property from the community with a prenuptial agreement?
  • Have you been contemplating a divorce?
  • Did you get a divorce in the last few years but never divided up your community property?  If you want to refinance that property you will need to clear title to it before you can refinance in your name alone.
  • Are you paying child support but want to know how a job change affects you?
  • Do you have a child with someone who has never paid support, or has stopped paying support?
  • Has it been a while since you’ve visited with your kids?  Would you like to be able to see them more regularly?

Give me a call at (504) 330-5522 if you’re ready to ‘dust your broom.’  I can help you get your legal house in order.