Can You Deny Visitation If Child Support Is Not Paid?

When a marriage officially comes to an end, both parties agree to the terms and conditions of the divorce settlement and follow them. Unfortunately, there are many cases where one spouse fails to pay monthly child support, which could result in financial strains and emotional distress.

One common option that non-paying parents consider is denying visitation to the delinquent parent. If he or she is not paying for child support, then he or she doesn’t deserve to see the children, right?

However, that is not a viable and legal solution—simply because child support and visitation are two separate issues.

While visitation may be modified with the consent of both parents or by the court, severing visits completely between the delinquent parent and the child is not common. The court encourages the development of meaningful relationships between both parents and the children through consistent contact.

What to Do If the Other Parents Stops Paying Child Support

Even though child visitation cannot be entirely eliminated, there are consequences if the parent who owes child support fails to make payments.

The following are several tools the family courts use to collect payments from parents who fail to pay their monthly child support:

  • Withhold income from wages, salaries, bonuses, unemployment benefits, and workers’ compensation benefits
  • Intercept the delinquent parent’s federal and state tax returns, as well as lottery winnings
  • Suspend the delinquent parent’s driver’s license, passport, or professional licenses
  • File liens against properties and assets such as cars, boats, and RVs
  • The delinquent parent’s credit rating may be negatively affected
  • Hold the delinquent parent in contempt, requiring the individual to go to court to “show cause,” or explain why support hasn’t been paid in a timely manner in front of a judge
  • In extreme cases, send the delinquent parent to jail

Whether you are the custodial parent who wants their child support order enforced or the delinquent parent who would like to modify the order, Hedayati Law Group, P.C. is committed to ensuring that you obtain the most favorable results possible. Our Long Island family lawyers can guide you through the complexities of the legal system and ensure that your rights and best interests are always protected.

If you are interested in filing for divorce in New York or wish to make modifications in a current court order, request a free consultation with our Long Island family lawyers at Hedayati Law Group, P.C. today.

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