If The Obligor Parent Doesn't Pay, Can Visitation Be Stopped?

Paying for child support is part of the other parent’s obligation to provide for their child. If they don’t pay court-ordered child support, there should be consequences. You can seek child support enforcement if the other parent isn’t paying. However, you can’t stop visitation for child support arrears.

Child support and visitation are separate. If you want to change the visitation order, you have to go to the court. Restricting visitation on your own could lead to more serious consequences. For legal advice about what to do if the other parent doesn’t pay, talk to a child support attorney.

Understanding Child Support and Visitation Rights

Child support and visitation are separate in family law. Child support orders determine how much the obligor parent has to pay in support for their child. This money is to provide for the child’s basic needs, including medical care, food, housing, and clothing. The court determines the amount of support based on several factors, including parental income and the number of children.

Child custody and visitation set the basic schedule for spending time with each parent. The family court considers it important to have parenting time with both parents. One parent can’t change the visitation schedule on their own without court approval. Non-payment of child support does not justify limiting the amount of time a child can spend with their parent.

Child Support and Visitation Factors

Child support guidelines outline the recommended amount of child support to provide for the child’s needs. The court can go outside the standard guidelines when there are special circumstances. For example, special circumstances can include a parent with very high income, or a child with special medical support needs.

Visitation is generally decided by the parents. If the parents cannot agree on a visitation schedule, the court can use mediation to get an agreed parenting plan. For visitation, the court can consider the child’s age and wishes, distance between the parents, and other factors.

Unpaid Child Support and Stopping Visitation

Because child support and visitation rights are separate issues, violating one doesn’t affect the other. If one parent fails to pay child support, the other parent cannot block them from parenting time. If one parent interferes with visitation, the other cannot withhold child support as retaliation.

There are very limited situations where you can deny visitation. Generally, you need to request a temporary emergency order from the court if visitation is dangerous for the child. Substance abuse, neglect, or domestic abuse can be reasons to justify not letting the other parent see their child.

It is frustrating for an ex-spouse who relies on financial support to give the other equal parenting rights. The court can find you in contempt for wrongly denying parenting time. If you move your child away to keep them from the parent, you can face criminal charges for parental kidnapping.

The right way to deal with unpaid support is through enforcement action. You can contact your state child support services agency to get money from the noncustodial parent.

Legal Consequences of Non-Payment

There are a variety of consequences for failure to pay child support. In a child support case, the family law judge can issue contempt-of-court charges with civil penalties. Child support arrearages can also have additional interest and penalty payments. In extreme cases, the court can issue criminal sanctions like a fine or jail time for repeat violations.

Under state law, child support services have many tools to get the noncustodial parent to pay their fair share. Most states will enforce wage garnishment orders. This requires the non-paying parent’s employer to garnish a percentage of their paychecks. The Uniform Interstate Family Support Act (UIFSA) also allows parents to enforce child support obligations across state lines.

Other consequences include suspending the delinquent parent’s driver’s license or withholding their passport. The IRS or state authorities may also intercept a delinquent parent’s tax refund and apply it to back child support.

Instead of withholding visitation, you’re better off reporting the other parent’s failure to pay support. You can register with your state child support services to help enforce the child support orders. You can also talk to a family law attorney about how to make sure you get the support you deserve.

Best Interests of the Child for Family Law

The court bases its decisions on what is in the best interests of the child. A child should have quality time with both parents in a safe and supportive environment. A child should also have enough financial support to meet their needs. If the other parent isn’t paying for child support, the court can take action to enforce payment. However, if you stop them from seeing their kids, the court can punish you.
If you have questions about your rights when the other parent is behind on child support, talk to a local child support attorney about your options.