Your ex has stopped making child support payments. There is a standing court order saying that they must pay a certain amount every month, which they have been doing for months or even years. But that has recently stopped, as they have begun missing payments or simply refusing to pay.
As a result, you are thinking about withholding visitation or custody. Maybe you have the kids this week, but your ex is supposed to pick them up next week. You are going to refuse to make the exchange until your ex starts paying child support again. Can you do this?
Contempt of court
No, you cannot withhold visitation rights or custody rights over nonpayment issues. Remember that the child custody order is also a standing court order that you have to follow. If you do not, you could be held in contempt of court, especially if it is clear that you are doing it intentionally. This could lead to serious complications and the court may consider taking your custody rights away.
In other words, you could make your situation much worse. Your ex may not be paying, but violating their custody rights also violates your child’s right to see their parent.
So what should you do? You can address this in court, perhaps to get the court to enforce the order or to ask them for a modification. But all modifications have to be done through the correct court process. These are not changes that you can simply decide to make on your own.
Your legal options
Child custody and support issues often become very complex. Consider your legal options – and obligations – carefully.