Find Deadbeat Dads

Can You Withhold Visitation for Unpaid Child Support?

Posted by admin under Home

A question we get asked a lot is, can I withhold visitation for unpaid child support?

The short answer is that is no. Child support and visitation are seen as two different issues under the law. A parent does not “earn” the right to have an ongoing relationship with their child by the simple fact that they pay child support, and does not necessarily mean that they lose that right if they stop paying.  It would make sense it seems, but unfortunately it just doesn’t work that way. Before you attempt to withhold visitation rights due to unpaid child support, you should consider the following:

Visitation is Your Child’s Right
Even though the non-custodial parent may be behind on their payments, and in spite of your own personal feelings, it is ultimately your child’s right to be able to know and enjoy a relationship with both parents. If the non-custodial parent cannot keep up with their payments (due to a job loss for example), then your child shouldn’t have to “pay” by being prevented from having an ongoing relationship with them.

Financial Support is the Responsibility of Each Parent
Also, it is the responsibility of both of the parents to provide for their child’s financial needs. Deciding to terminate a relationship with one’s child, as some non-custodial parents do, does not excuse that parent from their financial obligation. Therefore, a parent who does not see their child on a regular basis, is still required to pay the child support.

What Should You Do About Unpaid Child Support?
If you are frustrated over the ability to collect unpaid child support, you should contact your local Office of Child Support Enforcement to report the issue. They will be able to apply certain sanctions, such as wage garnishing, not allowing them to obtain a passport or renew a drivers license, intercepting other payments such as unemployment compensation, and even jail time.

Check the resources section of this site for more information.

In summary, deciding to withhold visitation because of unpaid child support is not a smart move. When some jurisdictions determine custody issues, they are placing an increasing importance on whether one parent supports the child’s relationship with the other parent. If you attempt to withhold visitation – except in such situations where you believe your child may be in danger – it could ultimately be used against you.