So, you have a parenting plan set up for yourself and the other parent to follow on caring for your children. Everything's going to go according to plan, right? Unfortunately, not always.
What happens if one parent violates the parenting plan? A parenting plan should address child support. What if the other parent doesn't pay their child support, thus violating the parenting plan? Do you still have to follow the parenting plan?
Yes. The other parent is still obligated to follow the plan, even if one parent didn't return the children on time, or hasn't been paying child support.
Visitation with the children and child support payments are two separate issues in Montana. Even if a parent never visits their child, they are still obligated to pay court-ordered child support. If they don't pay child support that has been ordered by the court, the parent is still allowed to see their children. The other parent cannot withhold visitation time because the other parent hasn't paid their child support.
Contact with each parent and child support are considered children's rights in Montana.
If you think that the other parent has violated the parenting plan, you should contact a family law lawyer. Violating the plan is punishable by contempt and the offending parent can be subject to arrest and a fine or imprisonment. You will need to go to court and get an order holding the other parent in contempt for violation of the plan. In the meantime, if the situation warrants, you can call the police.
I recommend keeping a personal record of violations of the plan.
Best case scenario, you each work together to co-parent, and abide by the parenting plan that you both previously agreed to. Remember what is best for your children, and try to minimize conflict to the greatest amount possible.
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