In a perfect world, when parents separate, they are able to agree on everything regarding their child. Visitation is smooth and there is no fuss, while child support is always paid in full, on time without any guff.
Unfortunately, we don’t live in a perfect world and all too often there is conflict regarding visitation and child support. Whether it’s one or both parents falling on hard times or two people who just can’t get along, conflict happens, visitation is missed, child support payments stop, and children suffer.
So, what happens if your ex owes child support? Can you withhold visitation?
Here’s what New York law says is in the best interest of the child.
Are Parenting Time and Child Support Related Under New York Law?
The only real connection that parenting time, or visitation, has to child support is that it is what the court has determined is in the best interest of the child.
Under New York law, both parents are legally required to financially support their children. This means that the person the child lives with the most, the custodial parent, pays their portion by paying rent, paying utilities, paying for groceries, and other expenses that they handle that relate to caring for the child and ensuring that he or she has a safe, clean home environment with food to eat, clean clothes, and access to the things they need.
It also means that the other parent, the non-custodial parent, is ordered by the court to pay child support. Now, this child support is intended to help pay for the things that the child needs and for their care, including extracurricular activities, school activities, afterschool activities, and other things that the child would have if both parents were in the home and actively supporting the child.
Visitation is intended to foster a relationship between the non-custodial parent and the child. It gives the parent and child time to spend together and to strengthen the parent-child bond.
New York law does not bring the two together. Parenting time is one part of the custody order and child support is another. They are in no way related.
What Are the Rules of Child Support in New York?
The rules of child support in New York are simple. Both parents are required to support that child financially until one of these things happens:
- The child turns 21 years old
- The child is married
- The child is in the military
- The child is self-supporting
- The child is legally emancipated
- The parent or parents terminate parental rights
- The parent who is ordered to pay child support dies
The non-custodial parent is required to pay child support once it is ordered by the court. If they do not they could face legal consequences for being in contempt of the order. Those consequences include:
- Paying interest on their arrearages
- Jail time
- Lose their driver’s license
- Lose their professional license
- Negative mark on their credit report
The State of New York is very serious about child support. The primary focus in custody and support cases is to do what is in the best interest of the child. Ensuring that the child is properly supported financially is definitely in his or her best interest.
Can You Withhold Visitation If Your Ex Is Not Paying Child Support in New York?
When your ex refuses to pay child support it can be frustrating. You might feel anger and resentment. You may feel despondent because you are unable to properly provide for your child due to that lack of funds.
But that is still not a valid reason under New York law to restrict or prohibit your ex from having their visitation with their child.
In fact, if you withhold visitation because your ex is withholding their child support, it could backfire on you, and you could wind up in court facing contempt charges for not complying with the custody order.
It might not seem right. It might not seem fair. But it’s the law.
Do You Still Have to Pay Child Support If Your Ex Won’t Let You See the Kids in New York?
If for some reason your ex is refusing to allow you to have visitation with your child, you still have to pay your court-ordered child support. New York law views child support and visitation as two completely separate things. One does not affect the other.
Just as your ex would still have to grant you visitation if you stopped paying child support, if they deny your visitation, you still have to pay. If you are in this type of situation though, the first thing you need to do is call a family lawyer and get your ex back in court so that the judge can enforce your visitation order.
Do You Still Have to Pay Child Support If You Have Supervised Visitation or Your Visitation Has Been Revoked by The Court?
If the court has awarded you supervised visitation or if your visitation has been suspended or revoked, you are still legally obligated to pay the child support that you owe. The only exception is if the court has ordered you to stop child support payments – which is not likely to happen.
How Do You Enforce a Child Support Order in New York?
If your ex is not paying child support, take them to court. Hire a good family law attorney and take them to court for failure to pay support. They could be held in contempt. In some cases, you can sue your ex for damages that you sustained when they did not pay child support.
Your family law attorney can help you determine the best course of action so that you have the best possible outcome for your case.
If you are having problems with nonpayment of support, problems with visitation, or both, we can help. The team at the Litvak Law Firm can help you get your payments and your visitation back on track. We understand that your child is everything to you so we will work diligently to ensure that you go through the proper channels to get them the support they need and the parent time they deserve.
Call 718-989-2908 today and schedule your case review. We can help.