Many custodial parents wonder if they can withhold visitation from the non-custodial parent because of non-payment of child support. The short answer is no because child support and visitation are independent of each other.
Withholding Visitation is Not in the Best Interests of the Child
Visitation by the non-custodial parent—in this instance, the father—does not depend on whether he is paying child support, even though it appears they are connected. So long as he has been awarded visitation, he cannot be deprived of seeing his children, even if he is not paying, unless other issues exist. That does not prevent a court, however, from disallowing visitation until he pays, but unless a court has decided this, generally the custodial parent must allow visitation.
Depriving the non-paying father of visitation hurts the children more than anyone because they lose access to their father. It is not in the children's best interests to be punished or to be used as pawns. There are other ways of collecting child support than by withholding visitation.
Collecting Child Support
A custodial parent can apply to Child Support Enforcement in her state to collect child support from the non-custodial parent. The agencies differ in each state, but many routinely use wage garnishments for collecting child support. Other tools used, which vary by state, include suspending driver's licenses, freezing bank accounts, placing liens on property such as cars and houses, and suspending professional licenses. While suspending a driver's license does not always make sense, especially because it may prevent a non-paying father from getting to work, many states are suspending licenses because it often compels payment. Enforcement agencies can also garnish bonuses, unemployment benefits, and settlements as well as withhold passports until the child support is paid.
Alternate Solutions
If parents cannot communicate about these issues, mediation might be advisable. Both parents also have the right to go to court to enforce visitation and support in many states. However, if the non-paying father applies for enforcement of visitation, he may face consequences for not paying child support. A judge could hold him in contempt, which could mean jail time, or impose fines and require payment of the custodial parent's attorney's fees. Likewise, a judge will not look favorably upon a custodial parent's refusal to allow visitation. The judge may require make-up time and have the custodial parent pay attorney's fees. In some states, refusal to allow visitation could result in a change of custody.
The parents should attempt to resolve this if they can. Any court involvement means that control is taken out of their hands and given to the judge. Even mediation can escalate tension between parties.
Always talk to an attorney before making any decisions regarding child visitation or custody laws. You will want qualified legal advice to avoid potential pitfalls.
