The amount of child support one parent pays the other helps ensure that children have their basic needs met. Parents have financial responsibility for their children, even if they separate or divorce. They also generally have the right to spend time with their children and to influence their upbringing.
Sometimes, one parent does not consistently fulfill their parental responsibilities. They may fall behind on child support. Some people go so far as to quit their jobs to justify their refusal to pay.
For the parent who may depend on child support, reduced or missing payments can be a source of hardship. Is it reasonable to withhold parenting time in response to a failure to pay child support?
Child support and custody are separate issues
While both child support and child custody relate to parental rights and responsibilities, they are technically separate legal issues. If one parent does not pay child support, the other can ask the courts to take enforcement actions.
Enforcement can range from wage garnishment to contempt of court allegations. The failure to fulfill child support obligations does not directly influence a parent’s right to visitation or shared custody.
If one parent withholds parenting time, the parent denied access could ask the courts to enforce the custody order. Parents frustrated by a lack of financial support may need assistance requesting enforcement or responding to a co-parent’s failure to uphold a court order.
Working with an attorney can be helpful for those dealing with child support violations. Enforcement actions typically need to go through official channels to protect parents from unintentional violations of related but separate court orders.
