Dealing with a spouse who will not pay child support
Can I keep my child from my ex-spouse who is a “dead-beat” when it comes to paying child support?
The simple answer is no. Visitation and support are two legally independent matters. They are not tied to each other. If one parent does not make child support payments, the other parent can not legally keep the children from that spouse. To do so would risk being held in contempt of court. You do not want to be held in contempt of court as you risk being jailed, or at a minimum, you will probably be required to pay the attorney’s fees of your spouse. If one spouse does not pay child support, you need to contact an attorney to have those legal obligations enforced by the court. You may also get assistance by contacting the Mississippi Department of Human Services, Child Support Division.
More importantly, don’t keep the kids from their other parent. Remember, the children’s welfare is paramount. Even if one parent is a “dead-beat” non-paying spouse, that person is still the parent of your child and the child needs to have a relationship with both parents.
