It may seem very tempting to withhold a spouse’s visitation if he or she stops paying child support, but each issue is mutually exclusive from the other. Withholding the non-paying spouse’s right to visitation will only complicate matters. Parents must remember, their child will be much better off long-term, with active participation from both parents. Taking away one parent’s right to see their child, regardless of the child support issue, will likely land both parties in court. If there is an existing court order already in place, more serious issues may arise, such as a civil or criminal contempt charge, which many times will delay a resolution of the parties divorce proceedings, and may carry serious penalties as well.

Addressing Child Support And Visitation Issues: Legal Considerations