TAKE A BREAK
Raising a child is supposed to be a partnership, so it’s frustrating when your co-parent doesn’t make child support payments on time. In addition to being unfair, withheld child support can cause substantial financial hardship for the custodial parent. They naturally want to do everything possible to ensure payments resume, and some are willing to take drastic action. To many custodial parents who aren’t receiving court- mandated child support, access to the child can feel like their only leverage. Some feel tempted to withhold visitation with the noncustodial parent until support payments are back on track. But anyone considering this strategy should know that two wrongs don’t morally or legally make a right. Let’s begin with the best interests of your child. The failure to pay child support can undoubtedly harm them — but so can keeping them away from their other parent. Unless abuse is present, spending time with both parents is crucial to a child’s social development and mental health. Withholding visitation amounts to punishing your child for what your co-parent did. Courts also do not take kindly to the tactic. While a child support order is legally binding, so is your parenting plan. The parenting plan outlines both parent’s rights and responsibilities, including a custody order and visitation schedule. Failing to adhere to it breaks a legal obligation. Further, courts consider visitation and child support as two different matters. From a legal perspective, both parents have the right to spend time with their children, barring exceptional circumstances. Both parents similarly must provide financially for their children. One of these facts cannot negate the other. And just as you can take your co-parent to court over missed child support payments, they can sue you for disobeying the parenting plan. If there are to be consequences for missed child support, the court must enforce them. A judge can choose to garnish the parent’s wages, intercept their tax return, or implement other financial penalties. When a parent who can pay refuses, the judge can also hold them in contempt of court and send them to jail. The court cares less about what feels fair and more about the child’s best interests, but legal remedies are available. Do not try to handle child support violations on your own. Call us at 564.212.2733 to learn your rights and how we can help you secure the financial resources your child deserves . LEGAL SOLUTIONS FOR UNPAID CHILD SUPPORT Why Withholding Custody Isn’t the Answer
SOLUTION:
avoid responsibility, which is a bad precedent to set. It’s best to resolve matters amicably through negotiation whenever possible. But as children grow and circumstances change, your parenting plan may
require an update. It’s important to know the courts will not update parenting plans for frivolous reasons, and they primarily consider the children’s best interests. When making significant changes to your parenting plan, you should always have a family law attorney to walk you through the process. Call Pacific Northwest Family Law at 564.212.2733 for a consultation so we can help you secure a plan that works.
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