The Bledsoe Firm - July 2020

CHILD CUSTODY BASICS

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in our offices with or without our client in a virtual waiting room. The other side is at their office with their attorney. The judge and the court clerk are at their remote locations. We are doing mostly “status conferences,” which is more of a triage situation where the court tries to figure out which cases need the most help and which should thus be scheduled for remote hearings. As of now, I have not had any of the remote hearings. Several have been scheduled. All documents are to be exchanged three days in advance. There is much less travel. But it may be hard to really examine a witness and confront them with documents we might want to use to impeach them. In conclusion, we are all feeling our way forward. The two months of downtime has resulted in a huge backlog. How this is all going to work is still unknown. —John Bledsoe

F acts A bout V isitation and C hild S upport

H

ere’s one common question we get about child support and visitation: “Can I legally refuse visitation if my ex gets behind on child support?” When an ex-spouse falls behind on child support, regardless of the situation, sometimes the other parent takes it upon themselves to determine visitation. They decide to withhold

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visitation until the child support continues. It’s easy to rationalize — if your ex isn’t going to help support your child, why should they be allowed to interact with them? Legally, however, it is not that simple. Parents who refuse visitation because their ex falls behind on child support are, in fact, in violation of the terms of the custody agreement. If your ex stops paying child support, you must pursue legal action and take it to the court. It’s paramount for parents to understand what is required of them when a custody agreement is put into effect by the court. They shouldn’t take action on their own. Here’s why: Visitation rights and child support are not one and the same. Child support, for example, isn’t a payment one parent makes in order to see their child. Support is a means to do just that — to support the child and ensure their needs are met as best as possible. This includes education, clothing, food, entertainment, and everything in between. Ultimately, child support is a legal way for the child to have access to the benefits of both parents’ income. If one parent does fall behind on child support, the custody agreement remains in effect. One parent may determine the best course of action is to modify the custody agreement if the other is unable or unwilling to contribute. In this case, they can decide to take it up with the court. There, they can modify the agreement and make changes that reflect the current reality of the situation.

INGREDIENTS • 1 tsp salt • 1/4 tsp pepper • 1 1/2 tsp dried Italian seasoning • 1 1/2 tsp garlic, minced • 2 lbs assorted vegetables, trimmed and halved (asparagus, mushrooms,

red onion, red bell peppers, baby carrots, and yellow squash are great on the grill)

• 5 tbsp olive oil • 2 tbsp lemon juice • 1/4 cup parsley leaves, chopped

DIRECTIONS

1. In a small bowl, combine salt, pepper, Italian seasoning, and garlic. 2. Brush vegetables with olive oil and place in a large bowl. Top with lemon juice and seasoning mixture. Toss to coat evenly. Cover and refrigerate for at least 20 minutes but no longer than 2 hours. 3. Prepare the grill at medium-high heat. 4. Grill vegetables in batches, cooking 3–5 minutes on each side until browned and tender. (Carrots will cook longer, 6–9 minutes per side.) 5. Remove from the grill, sprinkle with parsley, and serve hot.

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