Your Legal Rights at Work

FAQs About Child Support And Visitation

by Lewis Hamilton

The issuance of a child support order does not necessarily mark the end of disagreements between the custodial and non-custodial parent. Disagreements regarding the child can sometimes lead to issues with the child support, which can have a direct impact on the welfare of the child. If you are a non-custodial parent, here is what you need to know. 

Does Child Support Entitle You to Visitation?

At the time your child support order was issued, the family court might have taken an additional step and established a visitation order. If so, the custodial parent has to allow you to see your child during those periods outlined. 

If visitation was not included in the child support order, you can file a petition with the family court to ask for visitation. Depending on the willingness of the custodial parent, you and your attorney might be able to work out an agreement for visitation with him or her. If not, the family court can set a schedule. 

Can You Withhold Child Support If Visitation Is Denied?

One of the biggest mistakes you can make is to refuse to pay child support because you do not have access to your child. The child support order is an enforceable order. As a result, a judge could order wage garnishment or even jail time if you do not make your payments. 

If you are being denied access to your child, take detailed notes of each time you are unable to see him or her during the scheduled visitations. There are legal options available to handle denied visitation. 

What Can You Do?

If you are denied visitation with your child, you can file a petition with the family court asking for the custodial parent to be cited for contempt of court. Since visitation was ordered, the other parent's refusal to allow you to see your child is in direct violation to the order. The judge can order the custodial parent to follow the order or face consequences. 

Each time you are denied visitation, file a police report. By filing the report, you are documenting the denials so that when you return to court, you have proof of what occurred. 

If the denials continue, file a motion with the court again. The judge can issue sanctions against the custodial parent and even order him or her to jail. 

Work with an attorney like Lois Iannone Attorney at Law who is experienced in handling child support issues to help you address any other related problems that occur.