Is it OK to withhold child support if denied access to your child?

On Behalf of | Aug 14, 2023 | Child Custody |

If your ex denies you access to your child you may think about withholding child support. But it’s crucial that you don’t give in to the temptation.

Child support helps ensure children’s financial well-being after a separation or divorce. And just as the court expects your co-parent to allow you time with your child, so does it expect you to provide timely financial support.

Not only might your child suffer without your payments, but you too could suffer as the court could potentially jail you for failing to comply with its original order to pay. Besides, the court may just order your employer to take the money from your wages.

So what can you do to help ensure your visitation rights are respected? Find out below.

Mediation and communication is a good place to start

Disputes between parents can be resolved through mediation and improved communication. Engaging in constructive conversations can lead to agreements that benefit both parties and, more importantly, the child. Mediation can provide a platform for addressing concerns and finding common ground, potentially avoiding the need for lengthy legal battles.

However, if mediation and communication do not work, you might want to consider taking the matter to court. The denial of access by one parent is certainly taken into account, but it does not automatically absolve the non-custodial parent of their child support responsibilities. The court may require evidence of genuine efforts to maintain a relationship with the child before adjusting child support obligations.

When would child support obligations be adjusted?

Suppose the custodial parent disappears with your child for an extended period, the court may temporarily stop your child support obligations. This is because your ex would be actively preventing you from building a relationship with your child. However, once the child is located and you can contact them, the court will likely resume your child support obligations.

If your co-parent is denying you access to your child, learning more about your legal options is far wiser than taking the law into your own hands and withholding payments.