Child support and visitation rights can be deeply stressful issues, especially when financial support from your ex-partner is overdue. At Albin Oldner Law, we understand how emotionally charged these moments can be, as they touch directly on the well-being and stability of your family. Many clients come to us with the question: Can you withhold visitation for unpaid child support? This is a critical issue, and it’s important to approach it with a clear understanding of Texas law and a focus on what’s best for your child.
Keep reading for more from our compassionate Frisco child support attorneys, then call (214) 423-5100 to schedule your consultation today.
Can you withhold visitation for unpaid child support?
In Texas, the law considers child support and visitation rights separate issues. According to the Texas Family Code, a parent cannot withhold visitation rights due to unpaid child support. The rationale is that payment disputes should not compromise a child’s right to have access to both parents. Therefore, withholding visitation as a form of retaliation against a parent who is behind on child support is not permitted and can lead to legal consequences.
Understanding the separation of child support and visitation
Recognizing that visitation rights are not contingent upon child support payments is crucial. The court views both parents’ emotional and physical presence as beneficial to the child’s development, regardless of financial situation.
Addressing unpaid child support
If your ex-partner is not fulfilling their child support obligations, the appropriate action is not to restrict access to the child but to address the issue through legal channels. Texas courts have mechanisms to enforce child support payments, such as garnishing wages, seizing tax refunds, or even legal penalties for contempt of court.
Appropriate actions if child support is unpaid
Contact a family law attorney
Consulting with an experienced family law attorney is a crucial step when dealing with unpaid child support. At Albin Oldner Law, we can help you understand your rights and responsibilities regarding child support and visitation, ensuring you do not violate a court order by withholding parenting time.
An attorney can guide you through the process of filing a motion with the court to address child support obligations, which may include requesting wage garnishment, liens, or other enforcement actions. These steps can help ensure that court-ordered child support is paid without disrupting court-ordered visitation or damaging the child’s relationship with either parent.
By pursuing appropriate legal options for enforcing child support, you protect both your custody rights and the integrity of your case. A skilled attorney can also assist in navigating complex child support orders and ensuring compliance from the noncustodial parent, so that your child continues to receive the financial support they are entitled to while preserving important parenting time arrangements.
Court intervention
When child support payments are not being made, the court has several tools to enforce child support obligations without allowing withholding visitation to occur. Because child support and visitation are treated as separate issues under Texas family law, a judge will not suspend or reduce court-ordered visitation simply because the noncustodial parent has failed to pay. Instead, the court may step in with enforcement strategies such as wage garnishment, intercepting tax refunds, placing liens on property, or suspending certain licenses to compel payment of court-ordered child support.
In some cases, the court may also hold the non-paying parent in contempt of court, which can result in fines or even jail time. If the noncustodial parent’s financial circumstances have legitimately changed, the court may review and adjust the child support orders to reflect the current situation—though this does not erase past-due amounts.
Seeking court intervention ensures that enforcement remains legal, preserves the child’s relationship with both parents, and upholds the integrity of the parenting time schedule set by the court order.
Avoid self-help measures
Instead of resorting to self-help measures, parents should explore legal options for enforcing child support. This may include filing a motion to address the unpaid amounts, requesting wage garnishment, or seeking other remedies available under Texas family law. By allowing the court to handle violations of child support obligations while continuing to comply with court-ordered visitation, you protect your own legal standing and avoid jeopardizing your custody rights.
Facing issues with unpaid child support? We can help.
It’s understandable to feel frustrated or angered by a former partner’s failure to pay child support, but withholding visitation is not a legally supported solution. Maintaining your child’s best interests involves facilitating their relationship with the other parent, regardless of these financial disputes.
If you’re facing issues with unpaid child support, let us help you explore the proper legal avenues. At Albin Oldner Law, we protect your rights and ensure your child’s well-being through effective and empathetic legal representation. Contact us today to discuss how we can assist you in managing and resolving child support issues without compromising your parental rights or your child’s happiness.
