Can I Deny Visitation Rights to a Parent Who Won’t Pay Child Support?

Child custody matters are among the most emotional and contentious issues to be resolved during a divorce. One question that our Tampa, FL divorce lawyers are often asked is whether or not you can unilaterally deny visitation rights to a parent who is delinquent on their child support payments. The answer to this question is: absolutely not. No parent is authorized to withhold visitation because child support payments are later. The court has other ways of compelling a parent to pay child support.

The State of Florida considers visitation (time-sharing) and child support to be two separate issues. Below, the Tampa, FL child custody attorneys at Westchase Law, P.A. will take an in-depth look at how the courts legally hold a non-paying parent responsible for failing to make child support payments.

Child support and visitation are very separate issues 

Child support is a court-ordered obligation that is meant to ensure the financial benefit of the child. Visitation, on the other hand, is the right of either parent to spend time with the child. These two matters are entirely separate. Even if the other parent is behind on their child support payments, they are still entitled to visit their children according to the schedule outlined in the parenting plan.

A parent who unilaterally decides to deny visitation to a non-paying parent can face serious legal consequences. The court could see this as a violation of the custody agreement. The parent could face penalties, including a possible modification of the custody agreement or sanctions against them.

What can I do if child support is late? 

If you’re a parent who receives child support and the other parent is delinquent in their child support obligation, there is a better way to hold that parent accountable than to violate the law. These include:

• Filing a motion for contempt – A parent who is owed child support money can file a motion for contempt with the court. The motion would ask the court to enforce the child support order and hold the non-paying parent responsible for paying child support. If the court finds that the non-paying parent is in contempt, they can face serious consequences such as fines, wage garnishment, or even jail time. The court can likewise order the non-paying parent to pay the overdue sum in installments.

• Seek a modification of the support order – If the non-paying parent is struggling to come up with the money to pay child support, they can request a modification of the support order based on their current financial situation. The parent who is receiving child support can also request a modification if they believe the current order is not sufficient to meet the needs of the child. However, importantly, only the court can modify a child support order. Neither parent has the authority to modify the order on their own.

Talk to a Tampa, FL Child Support Attorney Today 

Westchase Law, P.A. represents the interests of parents who are attempting to compel a non-paying party to pay child support. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.