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 a knowledgeable attorney is a crucial step. At Albin Oldner Law, we can guide you through the process of filing a motion with the court to address the unpaid child support. This can prompt the court to take measures to enforce payment without affecting the child’s relationship with either parent.
Court intervention
The court may implement several enforcement strategies to collect unpaid child support. These might include ordering payment through additional means or adjusting the terms if the non-paying parent’s financial circumstances have changed.
Avoid self-help measures
While it can be frustrating to deal with unpaid child support, taking matters into your own hands by withholding visitation can negatively impact your custody case and may lead to sanctions against you.
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.
