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.

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