The issues of child support and visitation rights can be deeply intertwined, often leading to complex and challenging situations. Parents often wonder if they can prevent visitation if the other spouse isn’t paying their child support. This question, while quite understandable, can lead to misconceptions about how child support and visitation rights work.

The Intersection of Child Support and Visitation Rights

In Florida, as in most states, child support and visitation rights are viewed as separate legal issues. Child support is a financial responsibility, intended to ensure that both parents contribute to the costs of raising their child. Visitation rights, on the other hand, are about maintaining a relationship between the non-custodial parent and the child.

The guiding principle of the courts in these matters is always the best interest of the child. This principle assumes that in most cases maintaining a relationship with both parents is beneficial for the child’s emotional well-being, regardless of financial disputes between the parents.

Can Visitation Be Denied Due to Unpaid Child Support?

The short answer is no. In Florida, a parent can’t deny the other parent visitation rights because they aren’t paying child support. The courts see these as separate issues. Visitation rights are not contingent upon the payment of child support. Even if a parent is behind on child support, that parent still has the right to see his or her child according to the visitation schedule outlined by the court.

This separation of issues serves to protect the child. It’s important to remember that child support is the child’s right, not the custodial parent’s right. Even if the non-custodial parent is not fulfilling their financial obligations, it does not justify denying the child the emotional benefit of maintaining a relationship with both parents.

What Can Be Done If Child Support Is Not Being Paid?

If the non-custodial parent is not paying child support, the correct course of action is to seek legal remedy through the court, not to deny visitation rights. Non-payment of child support can lead to significant legal consequences in Florida, including wage garnishment, suspension of driver’s license, and in some cases, even jail time.

So, what can you do about it? You can request the court to enforce the child support order. If the non-custodial parent still doesn’t pay, the court may consider various enforcement methods. It’s essential to navigate these issues through proper legal channels rather than taking matters into your own hands. An experienced family law attorney, such as the ones at RTRLAW, can advise you on the appropriate legal remedies to take if child support is not being paid.

Reach Out for Assistance: Navigating Child Support and Visitation in Florida

Navigating the complexities of child support and visitation can be stressful. That’s where we at RTRLAW come in. Our skilled Florida family law attorneys are here to help guide you through the process, advocating for your rights and keeping the best interests of your child in mind.

If you’re facing issues related to child support and visitation, contact us for more information about how we can provide the legal assistance you need.

RTRLAW’s family law attorneys are available to meet with you over the phone or in person at one of our six convenient offices in Florida, including Fort Lauderdale, Orlando, Tampa, Lake Worth, or by appointment in Miami and Jacksonville.

RTRLAW offers a no-obligation case review and affordable retainer agreements. Call or text us toll free at 1-833-HIRE-RTR (1-833-447-3787) or chat with us now online.