Support Must Be Paid

Child support must be paid, and the custodial parent may not deny the supporting parent visitation is he or she does not pay.

This situation comes up when the noncustodial parent, who is usually that father, falls behind in his child support, and the custodial parent, who is usually the mother, decides that his delinquency justifies shutting him out of his children’s lives. This she cannot do. In the eyes of the judge, child support and child visitation are separate issues. Courts frown on parents even attempting to use one to leverage the other. Child support is not payment for the privilege of visitation. A custodial mother whose former husband fails to pay child support must go to court; she cannot take matters in her own hands with a lockout.

Denying visitation may make the equally ill-informed noncustodial parent feel justified about not paying child support.

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