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If your ex won’t pay, can you deny visitation?

On Behalf of | Mar 4, 2022 | Family Law

In the divorce, you got primary custody of the children, but your ex got visitation rights. This means that the children go over to spend time with them, and they sometimes even come to your house to see the kids.

On the other side, your ex was also ordered to pay child support. This is a monthly payment that covers some of the costs of raising the kids – though you know well that you are covering many daily costs, as well.

At first, your spouse pays consistently, but then they start missing payments. They seem reluctant to make them, or maybe they even tell you that they don’t want to. If they won’t pay, can you tell them that they’re not allowed to see the kids?

This would violate their rights

Many people think that they can do this and that it would be fair, but the fact of the matter is that doing so violates your ex’s rights and is illegal. You still have to follow the court order in regards to custody and visitation. Just because your ex is ignoring the order about paying child support does not give you the right to infringe upon their time with the children.

This still may feel unfair, and that’s understandable. A situation like this is very frustrating and you may feel like you don’t have any other options. But it’s important that you know not to do anything that’s only going to make this worse. Instead, take the time to look into all of the legal options at your disposal. If you interfere with custody, remember that that could cost you your custody rights in the long term.