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Child Support and Visitation Rights

Posted on in Child Support

You and your spouse are in family court and must determine who will have physical custody of the children. During court, the judge determines your spouse should be designated as the “primary” parent for your child.  The court will award you a possession schedule but will also order you to pay child support. Unfortunately, over time, your ex-spouse begins preventing you from seeing your child. You consider stopping your payments as payback until you can see your child.

Do not stop your payments. If you don’t make your payments, you can wind up in legal trouble.

Do I have to Pay Child Support If I Have No Visitation Rights?

If your ex-spouse prevents you from seeing your child, the worst thing you could do is stop making child support payments. While you might do this as revenge against the custodial parent, this financial decision is considered a contempt of court and can send you to jail. These payments are a legal obligation to your child and not based on the condition that you get to see your child whenever you want.  The old adage rings true – two wrongs do not make a right.

The court and judge view child custody with visitation and child support as two separate issues. Therefore, termination of one does not justify the termination of the other. Both are legal obligations in their own right.

Who Do I Contact if the Custodial Parent Is Preventing Me From Seeing My Child?

Start documenting the times you are denied access.   The other parent could be in contempt of court and you need to contact a family law attorney to discuss your options.


While it can be very frustrating when a parent decides to do whatever they want and ignore the order, it is important to keep your emotions in check.  Don’t do anything that could jeopardize your current order or potential modifications in the future.

If you need family law legal assistance, call Hatton and Hatton. With decades of combined experience, we can assist you through this challenging transition.

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