While it may feel frustrating and unfair when the other parent fails to meet their financial obligations, child support and visitation are considered separate legal issues under Florida law. Here’s what you need to know about handling unpaid child support and what to do if you find yourself in this situation.
Child Support and Visitation Are Separate Issues
In Florida, child support is a court-ordered obligation meant to ensure the financial well-being of a child. Visitation is the right of both parents to spend time with their child. These two matters are handled independently. Even if the other parent is behind on child support payments, they still have the legal right to see their child according to the visitation schedule outlined in your parenting plan.
Denying visitation because of missed child support payments can have serious legal consequences for the parent who withholds access to the child. The court may view this as a violation of the custody agreement, which can result in penalties, including a possible modification of the custody arrangement or sanctions against the parent withholding visitation.
What Should You Do If Child Support Is Late?
If the other parent is not meeting their child support obligations, there are legal steps you can take to enforce the court order:
File a Motion for Contempt
One option is to file a motion for contempt with the court. This motion asks the court to enforce the child support order and hold the non-paying parent accountable. If the court finds the other parent in contempt, they may face consequences such as wage garnishment, fines, or even jail time. The court may also order that your child’s other parent to pay overdue child support in installments or as a lump sum.
Seek a Modification of the Support Order
In some cases, the non-paying parent may genuinely be struggling financially and unable to make the payments as ordered. If this is the case, they can request a modification of the child support order based on their current financial situation. As the parent receiving support, you can also request a modification if you believe the current order is insufficient to meet your child’s needs. However, it’s important to remember that only the court can modify the support order. Neither parent can unilaterally change the amount or conditions of these payments.
Why Withholding Visitation Is Not the Answer
While the non-payment of child support can be frustrating and financially stressful, withholding visitation from the other parent is not a legal solution. Doing so could lead to legal penalties and, most importantly, may negatively impact the child’s relationship with the other parent. Florida courts prioritize the child’s best interests. This typically includes maintaining a strong and healthy relationship with both parents, regardless of financial disputes.
Speak to an Attorney
If you’re dealing with a situation where child support payments are late or unpaid, you must take the appropriate legal steps. Contact the Geller Law Firm for experienced legal assistance in enforcing child support orders and navigating the complexities of child custody and visitation. Our team is here to help protect your rights and ensure the best possible outcome for you and your child. Reach out today for a consultation.
