In general, the answer is No. Failing to pay court-ordered child support is not -- by itself -- sufficient to interrupt court-ordered visitation. The children have the right to be supported financially by both parents, and what you should do is petition the court for a show cause order to have the father explain to the judge why he has not been making his child support payments. The father's failure to show that he has a good reason for being in arrears could result in his being held in contempt of court and being sent to jail as punishment.

Frequently Asked Questions

 


Q: I have custody of my children, but their father is not paying me the child support payments the court ordered him to pay. Can I prevent him from seeing the children or having visitation with them until he gets caught up on his support payments?

A: In general, the answer is "No." Failing to pay court-ordered child support is not -- by itself -- sufficient to interrupt court-ordered visitation. The children have the right to be supported financially by both parents, and what you should do is petition the court for a show cause order to have the father explain to the judge why he has not been making his child support payments. The father's failure to show that he has a good reason for being in arrears could result in his being held in contempt of court and being sent to jail as punishment.


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