Child Support and Visitation Are Separate Duties
No. The right to receive child support is a separate issue from the responsibility to turn the child over for visitation with the other parent. If the parent obligated to pay child support does not pay, but wants visitation under to the judge’s order, it is important to follow the judge’s visitation order.
File Motion or Request for Order
However, this doesn’t mean that you have to sit idly by if the other parent doesn’t pay support. You can file a motion or request for order for sanctions or contempt against the other parent, asking the court to find the other parent in contempt of the judge’s child support order. Doing this may further strain your relationship with the other parent, especially during visitation drop off and pick up time. However, you have the right to file such a motion and you also have the right to receive child support in the amount the judge ordered.
Contact Department of Child Support Services
You can also contact the Department of Child Support Services (DCSS) in the county where you live to seek enforcement of the judge’s support order. While DCSS can’t represent you as a private attorney would, DCSS is tasked with making sure that support orders are followed. They can begin a contempt action against the delinquent spouse for past-due child support.