Are child support and visitation linked to each other?  Can visitation rights be withheld for late child support payments?  Can support payments be lowered according to how much time the kids spend with the non-custodial parent?  These may be a few of the questions you are facing if you and your child’s parent do not live together.  The bottom line is that child support and visitation are completely separate and independent of the other.

Most times custody, visitation and child support agreements are arranged simultaneously.  Other times child support comes first and then visitation comes soon after.  While these issues are all interconnected and interdependent they operate separately and one has absolutely no affect on the other.  If you are having trouble collecting child support the law does not allow for you to withhold visitation and likewise, if you are having trouble with the visitation agreement or schedule you are not permitted by law to withhold child support.

Custody and only custody is the preliminary factor in determining child support.  The non-custodial parent pays it to the custodial parent or in the case of joint legal and physical custody where the child spends equal amounts of time with each parent and each parent contributes equally to the care and support of the child (and not just shelter, food and clothes), then child support becomes a moot point and is not paid by either parent.  Beyond that, whatever happens with your parenting time has absolutely no effect on child support agreements or payments.

For example it is common for a non custodial parent to believe that child support should be adjusted occasionally according to the time that the child spends with the parent.  The reasoning is that when that child is with the parent for spring or summer break or maybe a long weekend then that parent is in charge of the child’s needs and there shouldn’t be any child support paid during that time.  That is incorrect.  The child could spend a week, a month or the entire summer with the non custodial parent and child support is not affected.

Child support does not fluctuate.  It can only be changed by a court order.  This holds true also for other expenses you may share for your child such as medical, parenting, educational, child care, etc.  These items and have they are to the shared between the parents should be clearly outlined in your child support agreement otherwise the burdens will fall completely with the custodial parent and legal guardian for the child.

Visitation and Unpaid Child Support

Visitation with a child cannot be legally withheld by the custodial parent because child support is unpaid.  Sometimes the custodial parent may feel that this is the only leverage that they may have to get the other parent to be financially responsible.  It may seem to be the only weapon available to bring the evasion of child support to an end but t­­­­­here are methods of recourse available to the custodial parent under these circumstances even if it doesn’t feel that way at the time.  It can be hard to keep parenting issues and money matters separate, but doing so will allow you to prevent financial problems from interfering with your relationships with your child. 

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