It’s frustrating to deal with a co-parent who isn’t compliant with their legal obligations. That’s particularly true when they fail to pay the child support they’re required to pay.
It’s a common frustration. However, you have to be careful about trying to take a “self-help” solution by withholding visitation privileges until your co-parent pays up is a bad idea.
Child support and visitation are two different matters
It’s critical to understand that child support and visitation rights are two independent legal issues. Even if a parent has no means to financially support their child, they still have a right to maintain their parent-child relationship.
Your co-parent’s failure to pay support is a violation of the court’s order. That’s an issue that they will have to contend with through the court. However, if you withhold access to your child, you will also be in violation of a court order. You could then be subject to a contempt of court citation.
In addition, the court may question whether you are acting in the child’s best interests or just being punitive toward your co-parent. That could lead to changes in the existing custody arrangements.
So, what do you do, instead? Essentially, if reasoning with your co-parent doesn’t work, you have to ask the court to enforce its order. The court may take several steps to force your co-parent into compliance, such as garnishing their wages, seizing their bank accounts or property, revoking their professional licenses, suspending their driver’s license or passport and more. Legal guidance can help you assert your rights.