Child Custody Law

Can I Halt Paying Child Support if the Custodial Parent Denies Visitation?

Key Takeaways:

  • You can’t stop child support payments just because the other parent won’t let you see your kids.
  • A parent can go to family court to enforce the child custody and visitation schedule.
  • If you stop paying child support, your wages can be garnished, and you can face court penalties.

Child Support and visitation are two separate legal issues. You must pay child support according to the court order, and it doesn’t depend on how often you see your kids. If the other parent makes it hard to see your kids, you must take that up with the court, not by withholding payments.

Family laws are different in every state. If you need legal advice about your parenting rights or if your ex isn’t letting you see your kids, talk to a local child custody lawyer for legal advice.

What Happens if I Stop Paying Child Support?

The law requires parents to make monthly child support payments to the local child support agency or directly to the other parent. If you stop making payments, you will be in arrears. Once in arrears, the process can begin to take enforcement actions to collect payment. Enforcement actions can include:

  • Wage garnishment
  • Lien on property or real estate
  • Intercept tax refunds
  • Suspend your driver’s license or passport
  • Civil contempt of court
  • Criminal non-support charges

Failure to pay child support can also result in a fine and jail time. If you don’t think you should pay your child support obligation because you can’t see your kids, talk to a child support lawyer for advice.

What Can I Do if the Other Parent Won’t Let Me See My Kids?

If the other parent is interfering with the parenting plan, you can take it up with the family court to enforce your parenting rights.

Parenting plans should be made in the child’s best interests. Violating your parenting rights in violation of the custody orders can mean the other parent is in contempt of court. The other parent could be forced to follow the parenting plan or face penalties. Penalties include fines, jail time, or modified child custody orders.

Don’t Take Matters Into Your Own Hands

Dealing with a co-parent who refuses to let you see your kids can be frustrating. The court can be slow to respond. Taking matters into your own hands may be tempting, but it is generally a bad idea. If you take your child out of town without notice or don’t follow the parenting plan orders, you could be in contempt of court.

Violating child custody orders can make it worse for your case if you want to fight for more visitation or primary custody down the road. In some cases, taking your child out of state could even result in parental kidnapping charges. Get legal advice from an experienced attorney before doing anything drastic.

How Is Child Support Determined?

Remember, child support and the parenting plan are separate legal issues. When you get a divorce or separate from the child’s other parent, the court may order one parent to pay support to the other based on income. It can happen where parents have equal physical custody and near equal incomes, and neither parent pays child support.

The amount of child support you must pay monthly is based on child support guidelines. Depending on state law, financial support amounts are based on the parent’s income. Support can also depend on:

  • Number of children between the parents
  • Amount of time spent with the child (shared custody or primary custody)
  • Health care needs
  • Childcare
  • Prior-born children who do not share the same co-parent
  • Other expenses

Can I Change My Child Support Payments?

You may be able to change the child support order if there is a significant change in circumstances. Generally, the court won’t lower your payments just because you think the other parent isn’t cooperating. A change in circumstances usually has to do with your financial situation. If you lose your job or are facing a medical emergency, you may be able to get a child support modification.

However, you generally have to get the court to approve a child support modification before you can reduce your payments. If you lose your job, you are still responsible for any payments until you get a modification through a court order.

How Can a Child Custody Lawyer Help?

A child support attorney can take your case to court to make sure you get to spend time with your kids, even if the other parent is making it difficult. An experienced family law attorney can get the court to enforce the parenting time order, so you get the amount of time you need with your children. Your attorney can also advise you to reduce child support payments if necessary.

For more information about ensuring the child’s other parent shares custody of the children, talk to an experienced child custody lawyer in your area.

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