19 Sep Child Support & Visitation – Are They Related?
In the state of Texas, child support and visitation do not go hand-in-hand. A parent cannot withhold visitation due to non-payment of child support. Likewise, a parent cannot withhold child support to force visitation.
Child support is normally paid to the custodial parent (the parent the child lives with) by the non-custodial parent (the parent the child does not live with). The non-custodial parent gets visitation per a court ordered schedule. The custodial parent may want to withhold visitation to try and force the other to pay child support. Trust us, a judge will not appreciate this. In fact, it could result in losing custody of your child.
If you are denied visitation with your children, what should you do?
First, keep paying your child support! If you are behind, make arrangements to catch up.
Second, keep a record of when you try to see your child, the dates and times, and request make-up times. If you are continually denied the opportunity to see your child, you may be able to file an enforcement.
Third, hire an experienced Family Law Attorney. The courts consider violating a parenting order a serious offense. A good attorney will help determine which course of action is best for you.
If you are denying visitation to your child’s other parent because of child support problems, what should you do?
First, stop withholding your child! Child support and visitation are two separate legal issues. It is your child’s right to enjoy a relationship with both parents. Your child should not pay the price for your ex’s failure to meet his or her financial obligation.
Second, contact the Child Support Division of the Office of the Attorney General. They have a great deal of information that will help you determine what your next steps need to be.
Third, consider hiring an experienced Family Law Attorney. Failure to pay child support is serious, and can even be a criminal offense. A good attorney can help determine if you should file an enforcement or take another course of action.
Again, child support and visitation are two separate issues. Failure to follow court orders will land you in serious hot water!
If you have questions or concerns about child support or visitation, contact us at 210-368-9708. We are experienced Family Law Attorneys who will help you decide what action to take, and we will always keep your children’s best interests at heart.