Can My Ex Deny Visitation if I Am Behind on Child Support?
In some Orange County, California divorce cases, parents are not able to co-parent effectively. In some situations, they are not able to work together at all. When co-parents are having difficulty working together, custodial parents sometimes feel justified in denying parenting time or refusing to reschedule missed parenting time. They may think that the non-custodial parent’s apparent disinterest in sticking to the parenting plan justifies this response.
Too often, the non-custodial parent in this situation feels that if they can be denied parenting time, the reverse is also true. They use this reasoning as justification when they stop making their child support payments in retaliation. Doing so rarely alleviates the problem and typically only exacerbates it with the custodial parent responding by refusing visitation and parenting time more adamantly.
Withholding court-ordered visitation is against the law, but so is withholding child support payments. If you are a non-custodial parent and your co-parent is unwilling to work with you to reschedule missed visitation time or withholds visitation altogether, get in touch with an experienced family law attorney. Remember that both of these retaliatory actions (withholding visitation and withholding child support) affect the children. Since the children are negatively affected, the family court is quick to punish parents who indulge in these behaviors.
Can Visitation Be Withheld if The Co-Parent is Behind on Child Support?
Visitation should not be withheld for any reason. Even if the non-custodial parent is past due or not paying their child support, the visitation order still stands as ordered by the court. If the custodial parent is not receiving child support, they should continue to abide by the parenting plan and take the child support issue to court. One parent cannot legally refuse visitation with the children because the other parent is behind on child support. If visitation is withheld repeatedly, the court may even consider permanently transferring custody of the child to the non-custodial parent.
Can Child Support Be Withheld if the Co-Parent is Refusing Visitation?
The reverse is also true. Non-custodial parents should never withhold child support as a retaliatory measure for not receiving visitation with the children. If the custodial parent is refusing visitation, the non-custodial parent should continue to make their child support payments as ordered. They can work with an experienced family law attorney to petition the court to enforce the parenting plan. Retaliatory measures leave a negative impression on the court and are never a good idea.
If you have questions about what to do when you are refused visitation, please get in touch with the experienced Orange County, California divorce and custody attorneys at The Maggio Law Firm. We’ve helped many parents just like you reach favorable resolutions in their Orange County child custody cases.
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