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Can I deny visitation if I'm not receiving child support?

Parents frequently ask this question, and they are just as frequently surprised by the answer. While it seems like common sense that you can keep a parent who is not paying child support from seeing your children, the court does not see it that way.

Child custody (or parenting time) agreements and child support orders are both legal issues involving children, but they are separate legal issues. If one parent fails to follow his or her child support obligations, that does not give the other parent the right to stop following the custody agreement.

That may seem unfair, but the court generally supports the idea of both parents spending time with the children, regardless of whether one parent is not current on child support payments. But don't give up; there are things you can do when you are not receiving court-ordered child support.

Speak with a Florida family law attorney to discuss the specifics of your case and learn about your rights and options. Don't rely on advice from family and friends; only an attorney can provide counsel that is tailored to your unique circumstances.

In general, parents who are not receiving child support payments have a few options:

  • They can try to work out the situation with the other parent
  • They can work with a mediator to attempt to resolve the issue
  • They can file a motion for contempt for not paying child support

To find out which option is best for you and your family, talk to a lawyer who is experienced in resolving custody and child support disputes.

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