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If Child Support Is Not Paid, Must Visitation Be Allowed?
Home » Divorce » Child Support » If Child Support Is Not Paid, Must Visitation Be Allowed?The issues of child support and child visitation are separate issues. Failure to pay child support is typically insufficient grounds to stop the right of the non-custodial parent to visitation with his or her child. Visitation is typically ordered by a court in the best interest of the child to promote love and affection with both parents. Child visitation is vital to the non-custodial parent so that a meaningful relationship between child and parent can be maintained or established. On the other hand, child support is based upon the financial needs of the child and the ability of both parents to provide for the child's financial needs. Therefore it is typically treated as a separate issue, the failure of one not having a determinative effect on the other.
The custodial parent must continue to allow visitation with the child despite failure of the non-custodial parent to pay child support. Although this may be very frustrating to some, if the custodial parent terminates the right of the non-custodial parent to visit with the child, the non-custodial parent could ask the court to change custody of the child based upon this termination of visitation even though he or she is delinquent in payment of the child support.
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