If My Spouse Fails to Make Child Support Payments Can I Withhold Parenting Time?
What can you do if your spouse fails to make child support payments on time? For some, the obvious answer is to make visitation contingent on making those payments. According to the attorneys at the Fruchtman Law Firm, though, withholding visitation is not only a bad way to get your child support payments, but a move that can cost you with the courts.
As any good Scottsdale AZ child support attorney, there are certainly many issues involved with getting timely child support payments. What you must remember, though, is that your child support payments and that your ex-partner’s rights to visitation are two entirely separate things. Your ex was ordered to pay support by the court, but you were also both ordered to stick to a visitation schedule. Your choice to withhold visitation does not balance out his or her choice not to pay child support – but it does put you in violation of a court order.
Instead of trying to do it yourself, you should work with an attorney to solve your real problem. If your former partner does not pay child support on time, you can work with the court to find ways to compel him or her to do so – up to and including having his or her wages directly garnished. This will not only ensure that you get the money you are due, but it will also lessen the burden on your when it comes to attempting to get the money your child is owed.
You do not have the right to withhold visitation simply because you believe your spouse hasn’t complied with other court orders. If you truly believe there is a problem with how your spouse is acting, you should let the court make that determination. Before you decide to solve the problem on your own, make sure to contact a Scottsdale AZ child support attorney at the Fruchtman Law Firm.