Focusing On Family Law – And You
When your ex fails to pay child support, you might feel tempted to withhold visitation to push them to pay. However, this choice has legal and emotional implications, and it is crucial that you understand them before taking any action.
Custodial parents need to follow the existing custody agreement, which often includes allowing visitation rights to the non-custodial parent regardless of personal preferences or circumstances. This usually means you cannot deny visitation due to missed or unpaid child support.
Refusing visitation is risky
In general, the law treats child support and visitation as separate issues. The court’s primary concern is always what is best for your child. You are likely to contradict this principle when you refuse visitation to punish your ex-spouse for unpaid child support.
If you proceed to use visitation as leverage to collect child support, you might face accusations of parental alienation. This occurs when one parent tries to manipulate the other parent’s relationship with the child, often by limiting access or creating a hostile environment.
As parental alienation typically carries devastating consequences for the child, your ex may use it as grounds for custody modification, which may not favor you or your parental rights to your child.
There are more viable solutions
Instead of interfering with visitation schedules, consider other legal remedies that can better protect your interests. For instance, you may file a contempt of court action, request wage garnishment or seek enforcement through child support services. If there are changes in circumstances, you can also ask for a modification of the support order.
If your ex continues to ignore their financial obligations, it may be time to obtain legal help from a skilled family lawyer. They can help ensure your actions comply with the law and safeguard your child’s well-being.
