Can I Refuse Visitation for Non-Payment of Child Support?

Written by Jonathan Breeden

March 14, 2018

When you share custody of your children with their other parent, child custody and support feel intertwined. They both directly relate to your children’s care and require a legal agreement or order. As linked as they are, they are not entirely dependent on each other. The payment or non-payment of child support does not change the custody and visitation arrangement. If your child’s other parent is not paying support as they should, you cannot refuse them their time with their children. If you do, you could end up in court.

It can be the ultimate frustration when you feel like you have no way to force the other parent to pay child support. Let a North Carolina child custody and visitation lawyer from Breeden Law Office explain your options. Call us today at (919) 661-4970 to schedule a consultation.

Your Options for Enforcing Child Support

If your child’s other parent is months behind on their child support payments, call an attorney right away. There are steps you can take to receive the money you are entitled to and to punish the other parent if they continue to disobey their court order.

When the other parent’s obligation was determined in a settlement agreement signed by both of you, then you may need to sue for breach of contract. However, your child support may have been determined by a court order or state agency.

When the child support is based on a court order, the first step may be for your lawyer to seek wage garnishment. If your child’s other parent has regular employment, then it may be possible to automatically receive a portion of each of their paychecks. You may receive a greater amount than the monthly child support payment until the other parent is caught up on past due payments. The wage garnishment may then decrease to the normal child support amount.

In addition to wage garnishment, your lawyer may look into asking the court to approve a seizure of the other parent’s property, or all/part of other monetary benefits.

Pursuant to North Carolina General Statute 110-142.2, if your child’s other parent is at least 90 days delinquent in making child support payments or is in contempt of a subpoena related to child support or paternity court proceedings, then a child support enforcement agency may look into having the other parent’s driver’s license revoked. If your child’s other parent is behind on their payments and you think this may be an option, call your attorney today.

Let Attorney Jonathan Breeden Help You

If your child’s other parentis not paying support the best next step is to call North Carolina child support lawyer Jonathan Breeden. Do not keep the other parent away from your child. Denying their lawful visitation is a recipe for disaster. Despite the fact that they did something wrong they could drag you back into court and try to make you look bad in retaliation.

Instead of setting yourself up for another argument, talk with an attorney about your child support enforcement options in North Carolina. Contact Breeden Law Office at (919) 661-4970 to schedule a consultation.


Divorce In North Carolina: What You Need To Know

A book by Jonathan Breeden