Can you withhold visitation due to not receiving child support?

Can you withhold visitation due to not receiving child support?

On Behalf of | Mar 24, 2021 | Child Support |

Most parents hope that things go smoothly after getting divorced, especially for their children. After getting a divorce in California, one of the parents will typically need to pay child support. It can be understandably frustrating when this payment doesn’t arrive. With that in mind, you might think that stopping the non-paying parent from seeing their child is a good way to hold them accountable. Here’s why withholding visitation is a bad idea.

Why you shouldn’t withhold visitation

In moments of anger, it makes sense for a parent to feel the need to lash out at the person not sending child support payments. However, visitation rights are for children and not their parents. It’s unlawful for a parent deemed by a court to pay child support and not make these payments. However, a parent’s mistake shouldn’t cause the other parent to punish their child by withholding visitations.

How to potentially resolve unpaid child support

Regardless of a parent’s role in their child’s life, each parent must ensure that their children have everything they need. If your child depends on money from child support payments that aren’t arriving, consider contacting your Office of Child Support Enforcement. By doing this, someone from this office can start garnishing an ex-spouse’s pay, enforcing jail time or taking other steps to help resolve this situation. It might also be wise to contact an attorney who assists clients in receiving unpaid child support.

Hopefully, your recent divorce goes smoothly between you and an ex-spouse. Unfortunately, this type of peace isn’t always easy to guarantee. If you stopped receiving child support payments, don’t let your child continue to pay for an ex-spouse’s mistake. Withholding visitation can even impact the amount of time you currently spend with your child.