I Didn’t Get My Child Support, Can I Withhold Visitation:
How many times have I heard parents complain that they didn’t receive their child support and want to withhold visitation rights because of it? Would this tactic force them to pay?
Parents work hard to receive child visitation; they don’t want to be told they can’t see their child, especially by the other parent. The custodial parent doesn’t have the right to punish the other parent for failing to make child support payments or any other reason.
If a custodial parent prevents the non-custodial parent from seeing the child, recourse is available. If this happens infrequently, the parents should work together to establish make-up time. If the custodial parent refuses to do this, the other parent should contact a family lawyer to learn what action is available. Withholding child support is never appropriate and is a violation of a court order – you could be facing financial penalties and jail time.
Child support and visitation are two separate issues. Even though a court usually makes an order for both at the same time, they shouldn’t be linked together as one issue. You cannot trade one for the other.
If you are a parent being denied visitation, you still have to pay child support. On the other hand, if you are a parent not receiving child support, you can’t deny visitation.
Consider:
- Both parents have the responsibility to provide for their child’s financial needs.
- Your child has the right to know and enjoy a relationship with both parents.
- Don’t punish your child because his or her parent cannot afford to pay child support all the time, especially if the parent has lost their job.
Withholding visitation can be a very emotion situation, especially for the child. If you, as the custodial parent, are faced with past-due child support payments, withholding visitation is not the answer.
If you are seeking to enforce your visitation rights with your child, it may be wise to consult with a family lawyer to discuss how to go further. Contact the Orange County family law offices of Amy M. Montes. Working with an experienced family lawyer can help you understand your rights and help you deal with the complicated legal system.
