Can I withhold visitation for unpaid child support?
San Diego courts make all family law decisions with the best interest of the child in mind. This is especially true when it comes to child support and visitation. While it can be frustrating when the non-custodial parent fails to make child support payments, parents who refuse court-ordered visitations can also land themselves in trouble. Very Well Family explains what you can do if you are not receiving child support payments as ordered by the court.
Keep in mind that visitation and child support are two separate issues. Visitation is provided to ensure that kids are able to maintain a healthy and loving relationship with both parents. This entails spending time with the non-custodial parent, as is the child’s right. While visitation and shared custody may not be ideal in cases abuse or neglect has taken place, in most other situations it is the standard.
Additionally, both parents are also considered responsible for financially providing for their kids. Even if your ex chooses to forgo visitation rights as the non-custodial parent, he or she is still liable for providing payments to help raise the child. Modifications can be made if the person is experiencing a financial setback or other issue but missed payments must still be remitted regardless.
So, what can you do when your ex will not abide by a court order? The first step is to speak with your attorney about the best way to proceed. From there you can notify the court, who will take certain measures to ensure money is paid. This can include wage garnishment, where a portion of your ex’s paychecks will be taken to care for your child. Your ex may also be denied professional licenses, which can impede his or her career. In extreme cases, a person may be jailed for failing to make child support payments.