623-748-4890
Lincoln & Wenk, PLLC
View Blog Navigation

Why you can't withhold child support if your ex denies visitation

When you and your spouse divorced, you agreed to pay child support until your children turn 18 or graduate from high school. Perhaps the two of you negotiated a fair support amount, with the help of your attorneys. Maybe you couldn't agree on an amount, so a judge decided the matter for you. Either way, you have a court order that requires you to pay child support every month.

Now your co-parent, who has primary custody of the kids, isn't letting you have the agreed-upon visitation. Many non-custodial parents respond to this kind of action by withholding child support. That's a very unwise move.

It's crucial to understand that support is not quid pro quo for access to your children. The purpose of child support is to help ensure that kids' needs continue to be met after their parents split up. Courts don't consider support and custody/visitation issues together — they are two separate matters. That's why parents can't refuse visitation to an ex who isn't paying child support.

If you have court-ordered visitation or shared custody of your children and your co-parent isn't complying with that order, you should talk to your family law attorney to determine what your options are to get the court-mandated access to your children. Refusing to pay child support in the meantime isn't going to help your case and could land you in legal jeopardy.

Family court judges don't look kindly on parents who use either child support or the children themselves as bargaining chips. Their responsibility is to consider what's in the best interests of the children.

If you are having an issue with your co-parent regarding visitation or child support that the two of you are unable to resolve, it's essential to deal with the issue through the appropriate legal channels. Your attorney is there to help protect your parental rights so that you can work to build a solid relationship with your kids.

No Comments

Leave a comment
Comment Information
  • Super Lawyers
  • 2015 ARAG | Elite Service Provider
  • AV | Peer Review Rated for Ethical Standards & Legal Ability | Preeminent | Martindale-Hubbell from LexisNexis
  • American Association for Justice | Formerly the Association of Trial Lawyers of America (ATLA)
  • Arizona Association of Family Law Attorneys - AZAFLA
  • Lincoln & Wenk, PLLC BBB Business Review
  • Association of Top 100 2019 | American Trial Lawyers
  • American Academy Of Trial Attorneys | AATA | Premier 100 | 2015
  • Family Law | Top 10 | Attorney And Practice Magazine's | 2018 | Attorney
  • Top Valley Lawyers 2017 | North Valley Magazine
  • American Institute of Family Law Attorneys | 10 Best 2017-2018
  • Veteran Owned Business - A Registered Vetrepreneur on Buyveteran.com - 2014
  • Avvo Top Attorney
  • Avvo Client's Choice
Email Us For A Response

Need legal help from an attorney?
Contact us now to schedule a consultation with our lawyers

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Goodyear Office:
1616 North Litchfield Road
Suite 140
Goodyear, AZ 85395

Phone: 623-748-4890
Fax: 623-536-1984
Goodyear Law Office Map

Peoria Office:
16165 N. 83rd Avenue
Suite 200
Peoria, AZ 85381

Phone: 623-748-4890
Fax: 623-536-1984
Map & Directions

Phoenix - Desert Ridge Office:
20830 N. Tatum Blvd
Suite 210
Phoenix, AZ 85050

Phone: 623-748-4890
Fax: 623-536-1984
Phoenix Law Office Map