When emotions run high in a divorce or custody case, it’s easy to feel frustrated, especially when one parent isn’t holding up their end of a child support order. But can you legally deny visitation rights because the other parent hasn’t paid child support? In Texas, the answer is clear: no, you cannot.
Let’s explore why that is, what the law says, and how you can protect your rights and your child’s well-being the right way.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Happens When Child Support Isn’t Paid?
You’ve gone through the divorce process. The court issued a child support order. But months go by, and the payments stop. It’s common to feel like you should take matters into your own hands, like refusing visitation. After all, why should they get time with the child if they aren’t supporting them financially?
It’s important to understand that child support and visitation are treated separately under Texas law. That means one doesn’t depend on the other.
Why Child Support and Visitation Are Separate
Texas courts take parenting rights seriously. Visitation, also called possession and access, is considered a right of the child, not just the parent. Denying that right can lead to serious consequences, including being held in contempt of court.
Even if the other parent owes months of child support, refusing visitation puts you in legal danger. You could face:
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- Court penalties
- Fines
- Custody modification
- Jail time in extreme cases
What You Can Do If Support Isn’t Paid
If you’re not receiving child support, don’t take matters into your own hands. Instead, here’s what you can do:
- File an enforcement action through the court.
- Contact a family law attorney to guide you through the enforcement process.
Depending on your situation, the court may order wage garnishment, suspend licenses, intercept tax refunds, or even jail the non-paying parent.
Real-Life Example
Let’s say Amy and John divorced. John was ordered to pay $500/month in child support. Three months go by, and he hasn’t paid. Amy decides to block John’s weekend visitation because she feels it’s unfair.
Amy is violating the law. Even though she’s frustrated, she could be held in contempt for denying John’s access. The proper path would be to file a motion to enforce the child support order.
What If Safety Is a Concern?
Now, if you believe the child is in danger during visits, due to abuse, substance use, or other safety issues, that’s a different situation. In that case, you should immediately:
- Document everything
- Contact your attorney
- File for a modification or emergency order
Remember: unpaid child support is not a safety issue. You need specific legal grounds to alter visitation.
Understanding the Bigger Picture
This is where having a knowledgeable legal team matters. Whether you’re dealing with marriage asset division, postnuptial agreement services, or a tough dissolution of marriage, knowing your rights and acting within the law protects you in the long run.
Trying to take shortcuts like denying visitation can hurt your case and your child. You deserve a divorce with dignity and care, and that comes through smart legal guidance, not emotional reactions.
Turner Monahan PLLC – Here to Support You
Since 1973, Turner-Monahan PLLC has helped families like yours navigate the legal system with confidence. Attorney Tyler Monahan brings experience in both family law and criminal law, ensuring you get tough, strategic advocacy when you need it most.
At Turner Monahan PLLC, we’ve been helping families in Fort Worth, Tarrant County, Dallas, and Cleburne since 1973. With over 1,000+ divorce and custody cases handled, we know how to build a strong case around what matters most, your child’s safety, happiness, and stability.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
