Can You Deny Visitation If Child Support Isn’t Paid? – ChooseGoldman.com

Many parents worry about what happens when child support isn’t paid. Some wonder if they can deny the other parent’s visitation as a way to solve the problem. This post explores the rules and helps you see why courts handle these issues separately.

What Are the Basics of Child Support and Visitation?

Understanding the Orders: Child support and visitation (parenting time) are two separate court orders in Michigan. One order covers the financial part, and the other covers how parents share time with the child. If the other parent falls behind on child support, you must follow the visitation schedule. You cannot block visits on your own.

Why These Orders Are Separate: Courts split them because the child’s right to see both parents should not depend on money issues. A parent might be unemployed or have other financial hardships. But the child’s best interests remain the top priority, so judges will not let one parent withhold visits just because of unpaid support.

Key Points to Remember:

  • Child’s Interests First: The law aims to protect the child’s emotional bond with both parents.
  • Separate Orders: Even if support is unpaid, the court’s visitation order still stands.
  • Court Enforcement: You can ask the judge to help collect support but cannot deny visits on your own.

Practical Tips:

  • Review Court Documents: Know exactly what each order says.
  • Keep Records: Track all missed payments and any parenting time problems.
  • Seek Legal Advice: Talk to a lawyer if you are confused about your rights.

Real-Life Example: Karen’s ex stopped paying child support for three months. She was tempted to cancel his weekend visits. Instead, Karen filed a motion with the court. The judge ordered a new payment plan, and her ex caught up on support while still seeing their child.

Can a Court Stop Parenting Time Until Support Is Paid?

Court Discretion: Sometimes a judge may pause or modify visitation if they believe the parent is ignoring orders on purpose. But this is rare. Courts prefer to keep parenting time intact unless there is a serious issue.

Payment Plans and Enforcement: Usually, the judge will set up a payment plan or find other ways to enforce the child support order. For instance, the court might garnish wages or hold the nonpaying parent in contempt. This helps collect the money while keeping visitation for the child’s benefit.

What Courts Often Do:

  • Wage Garnishment: The court can order automatic deductions from paychecks.
  • Show Cause Hearings: The judge can call in the nonpaying parent to explain why support is late.
  • Payment Agreements: A structured plan helps the parent catch up over time.

Possible Penalties for Nonpayment:

  • Suspended Licenses: Drivers’ or professional licenses can be suspended.
  • Fines or Jail Time: Repeated refusal to pay can lead to serious punishment.
  • Tax Refund Seizure: The court may redirect the parent’s tax refund to cover arrears.

Real-Life Example: Ron fell behind on child support after losing his job. He worried that he might lose visitation. The court instead set up a show cause hearing. Ron agreed to a payment plan, so he kept seeing his kids while making smaller payments until he found a new job.

Why Can’t I Just Withhold Visits on My Own?

Legal Consequences: If you block the other parent’s time without a court’s permission, you risk violating the court order. You could face penalties for contempt, and it might damage your standing in future hearings. Judges do not like parents who take the law into their own hands.

Child-Centered Approach: The law views visitation as the child’s right to have a bond with both parents. Financial disputes between adults are not supposed to block that bond. This approach helps reduce stress for the child and keeps them out of adult money conflicts.

Risks of Denying Visits:

  • Contempt of Court: You could be fined or face other legal actions.
  • Hurt Your Custody Case: Future custody rulings might not go in your favor.
  • Child’s Emotional Strain: The child may feel caught in the middle.

Better Alternatives:

  • File a Motion: Ask the judge to enforce child support or modify orders.
  • Seek Mediation: A neutral third party might help find a payment plan.
  • Contact an Attorney: A lawyer can guide you on the proper steps.

Real-Life Example: Maria’s ex owed her over $2,000 in child support. She almost refused to let him see their son out of anger. Instead, she spoke with a Michigan child support attorney. She learned she could file for enforcement and not risk being in contempt herself.

What Steps Can I Take If My Ex Is Not Paying?

Filing a Motion: You can file a motion with the court to hold the nonpaying parent accountable. This is the best legal path. The court will then decide if they should garnish wages, suspend licenses, or take other actions to get the money paid.

Gather Evidence: Keep a record of every missed or partial payment. Show any messages or emails that prove you asked for the money. Clear documentation helps the judge see what’s going on. This might lead to a quicker resolution.

Key Documents to Collect:

  • Payment Logs: Dates and amounts of any partial or full support.
  • Pay Stubs (If Known): Evidence of the other parent’s income.
  • Bank Statements: Show any direct deposits or lack of them.

Where to File:

  • Family Court: File the motion in the court that issued your support order.
  • Online Resources: Some courts offer e-filing for child support motions.
  • Clerk’s Office: They can guide you if you are unsure of the forms.

Real-Life Example: Sharon kept a spreadsheet of every missed payment after her exchanged jobs. When she filed a motion, she showed the spreadsheet and text messages. The judge quickly saw the pattern of nonpayment and took steps to enforce the order.

How Does the Court Handle Enforcement?

Various Tools: Courts have many ways to enforce child support. They can take part of each paycheck (wage garnishment) or even intercept tax refunds. In severe cases, a judge may order jail time if the parent refuses to comply at all.

Focus on Payment, Not Punishment: Judges usually aim to help the parent catch up on support rather than punish them. If the parent truly cannot pay due to job loss or illness, the court might adjust the amount. But willful nonpayment is taken seriously.

Common Enforcement Methods:

  • Contempt Hearings: The court can hold the parents in contempt if they keep ignoring orders.
  • License Suspension: Driver’s or professional licenses can be suspended.
  • Criminal Charges: Repeated violations may lead to criminal action.

Reasons Judges Consider:

  • Change in Income: Is the parent jobless or underemployed?
  • Health Problems: Are they facing serious medical issues?
  • Intentional Avoidance: Are they hiding or refusing to pay out of spite?

Real-Life Example: Tony ignored his child support for a year. The court found he was working under the table and not reporting income. The judge held him in contempt, gave him a chance to pay, and warned that future violations could land him in jail.

Are There Other Ways to Resolve Unpaid Support?

Mediation or Settlement: Sometimes, parents can settle on a partial payment or a new schedule. Mediation can help them find a temporary fix if the paying parent is struggling. This might avoid lengthy court battles.

State Assistance Programs: If a parent is out of work, the state might offer job programs or other resources. A judge may suggest these to help the parent become able to pay again. This route keeps the child’s needs at the center.

Benefits of Mediation:

  • Faster Solutions: It can be quicker than waiting for a court date.
  • Lower Stress: It reduces the conflict between parents.
  • Custom Plans: Parents can agree on flexible payments.

When to Consider Settlement:

  • Temporary Job Loss: The paying parent is about to start new work soon.
  • Serious Illness: Medical issues might need a short-term solution.
  • Good Faith Effort: The parent shows they want to catch up on support.

Real-Life Example: Dan lost his job when his company shut down. He met with his ex and a mediator. They agreed he would pay a smaller amount for three months until he found a new position, then he would repay the difference. This kept them out of a big court fight.

What If the Nonpaying Parent Lives in Another State?

Interstate Issues: Child support orders can still be enforced across state lines. Michigan works with other states to track down a parent’s income or assets. You may need to register your support order in the new state, but it remains valid.

Uniform Laws: The Uniform Interstate Family Support Act (UIFSA) helps states cooperate. This means you can still seek wage garnishment or other actions even if the parent has moved. The child’s right to support does not end at state borders.

Steps to Enforce Out of State:

  • Locate the Parent: Find out where they live or work.
  • Register Your Order: File your Michigan order in their new state.
  • Work with Agencies: Child support agencies can help coordinate efforts.

Common Hurdles:

  • Jurisdiction Questions: Figuring out which court can hear the case.
  • Communication Delays: Extra time might be needed for out-of-state filings.
  • Different State Laws: Some details vary, but the main support order stays valid.

Real-Life Example: Laura’s ex moved to Ohio and stopped paying. She registered her Michigan child support order there. The Ohio court began wage garnishment once it verified her order, and she received back payments soon after.

Can Fathers Enforce Support If They Are the Ones Owed?

Yes, Absolutely: Child support is gender-neutral. If the father has primary custody or a support order in his favor, he can file the same motions to enforce it. Courts treat mothers and fathers the same when it comes to child support.

Misconceptions: Some think only mothers can get child support. That’s not true. The parent who has the majority of time with the child is the one likely to receive support, regardless of gender. If a father is owed money, he has the same right to collect.

Common Questions for Fathers:

  • Am I Entitled to Support? Yes, if the court order says so.
  • What If She Won’t Pay? You file a motion just like any other case.
  • Do I Need a Lawyer? It helps, but you can also file on your own with guidance from the court clerk.

Overcoming Stigma:

  • Know Your Rights: Support is about the child’s well-being.
  • Stay Involved: Show the court you are active in your child’s life.
  • Document Everything: Keep track of missed payments and communication.

Real-Life Example: Chris had primary custody of his daughter. His ex-wife fell behind on child support. Chris filed an enforcement motion and got a wage garnishment order. The process worked the same way it would for any parent owed support.

Are There Resources to Help Me Understand My Rights?

Official Websites: Michigan’s court system has online resources. You can find forms, read about procedures, and learn about child support laws. This helps you prepare before you file anything in court.

Professional Advice: Sometimes you need more than a website. A consultation with a family law attorney can clear up confusion. They can explain your options and guide you if you need to take legal steps right away.

Places to Look:

Related Videos:

  • What If I Can’t Afford My Child Support Payments In Michigan?
    Watch here for tips on adjusting payments.
  • What Are My Rights As A Father Paying Child Support In Michigan?
    Watch here to learn more.
  • What If My Ex Violates Our Michigan Custody Agreement & Leaves The State?
    Watch here for steps to take.

Real-Life Example: John was unsure how to handle missed payments. He visited the Michigan court website and read about child support enforcement. He also scheduled a quick consultation with a local attorney, who helped him file the right paperwork.

Keeping Calm and Focused: It’s easy to get upset when support isn’t paid. Yet staying calm can help you make better choices. Keep a record of everything and move forward with a level head.

Encouraging Good Communication: If you can, try to talk to the other parent about why payments are late. Sometimes, an honest discussion can help them find a solution. This approach might avoid court and keep stress down for the child.

Frequently Asked Questions

1. Can I deny visits if I’m owed support? No, the court sees visitation as a separate issue. You must seek legal help to enforce unpaid support.

2. What happens if I block the other parent’s visits anyway? You could face contempt of court. This might hurt your custody case later.

3. Will a judge always punish a parent for not paying support? Judges often focus on getting the parent to pay. Punishment comes if they refuse to cooperate.

4. Can a parent avoid jail if they truly cannot pay? If they prove a real hardship, the court may create a new payment plan. Jail is for willful refusal.

5. Do I need an attorney to file a motion? It’s not required, but it helps. Lawyers know how to navigate the system smoothly.

6. How long does it take to see results from filing a motion? It varies by court backlog. Some see action within weeks, others may wait a few months.

7. Is mediation free? Some courts offer low-cost mediation. Private mediators charge fees, but it can still be cheaper than a trial.

8. Can mothers be forced to pay child support too? Yes, if they are the noncustodial parent. Gender does not matter in support orders.

9. Does wage garnishment cover back pay as well? Yes, it often includes a portion for current support plus some toward arrears. This helps you catch up.

10. What if the other parent moved and I can’t find them? The court or local agencies can help locate them. You might need to give any leads you have.

11. Will child support stop once the child turns 18? In most cases, yes. However, some orders are extended if the child is still in high school or has special needs.

12. Can I ask for a support modification if my income drops? Yes, you can file to change the amount. The court will review your new financial details.

Final Call to Action: If you need help enforcing child support or handling parenting time, contact our office. Call or text us at (248) 590-6600, or schedule your free consultation. Visit ChooseGoldman.com to learn more about your rights and options today.