Can a parent deny visitation over unpaid child support?

The courts order child support to ensure that children have their needs met. Factors including the difference in parental income, the breakdown of parenting time and the unique needs of the children influence the amount of support a parent pays.

Frequently, parents with less income or more parenting time rely on child support to make ends meet. When a co-parent does not pay support on time, that can cause numerous complications for the recipient parent. Can a parent who has not received child support deny the other parent visitation or parenting time in response?

Parents must uphold all court orders

The obligation to pay child support comes in the form of a court order. A non-paying parent is in violation of a court order and at risk of enforcement activities.

However, the same is true of a parent who refuses to uphold a custody order. Denying a co-parent visitation or parenting time could lead to custody enforcement or modification requests. The parent who has not received child support could be at risk of losing parenting time or a judge declaring them in contempt of court, depending on the circumstances.

Instead of using custody as leverage to enforce support, parents generally need to notify the courts about the issue. Requesting child support enforcement assistance can lead to consequences for the non-paying parent. The courts can intercept their wages, deny them state-issued documentation, such as passports and declare them in contempt of court.

It is important to learn about appropriate ways to address child support issues and protect parents from scenarios in which they put themselves at risk of enforcement actions. While custody arrangements do influence support, a failure to pay child support does not justify a denial of parental rights.