Charlotte Family Law Specialists
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Do I Have to Pay Child Support if My Spouse is Preventing Visitation?

Divorce can be a difficult time for families working through the challenges of separation and establishing new households. If you and your ex-spouse have a custody agreement and there are compliance issues on one side, don’t try to solve the problem by yourself. It’s easy to fall into a vengeful relationship with your estranged spouse, but failing to pay a court-ordered child support award can lead to serious consequences. A common question we hear is, “Do I have to pay child support if my ex doesn’t let me visit the kids?” Unfortunately, even if your ex is blocking your visitation rights, you still are required to pay child support payments. Failure to pay child support can lead to contempt of court charges and jail time.

Consequences for Failure to Pay Child Support in North Carolina

If you fail to make court-ordered child support payments, your co-parent can take you to court for back payment. Serious consequences could be levied against you, like:

  • Loss of Driver’s License (license suspension until child support payments are current)
  • Wage Garnishment (withdrawal of child support payments from your paycheck)
  • Tax Offsets (income tax refunds applied to child support arrears)
  • Bank Account Seizure (child support funds taken from your account)

You’re Not Alone in Your Fight for Visitation

Child support and visitation are separate issues. If you’ve been awarded visitation, a lawyer can help you fight in court for your right to see your children. Visitation issues are just as important as support payments. You and your child have a right to see one another, so don’t confuse the issue by withholding support payments. Use the legal system to remedy your visitation issues by alerting the court to your ex-spouse’s failure to comply to a court order. If you try to get even by withholding child support payments, it could harm your legal pursuit of visitation. It’s not uncommon for frustrated parents to try to take matters into their own hands when it comes to visitation and post-divorce issues with an estranged spouse. Refusal to pay child support is often low-hanging fruit for frustrated parents who want to make a point or force an ex-spouse into compliance. Unfortunately, this is not a wise choice, and the court could interpret this as a disregard for the best interest of your child.

An Attorney Can Help You Resolve Your Issues

An attorney can help you resolve your visitation issues. It’s important to remember visitation and child support are separate issues. An experienced lawyer will understand how to represent your issues in court and answer any legal questions you may have about your situation. Many parties struggle to transition to a co-parenting relationship, and your attorney has many tools they can use to help you work out your visitation issues. You don’t have to begin with court. Your attorney can try informal means to get your ex compliant. If that doesn’t work, you have the assurance of legal support on your side to get your parental rights returned to you.

Your Charlotte child support attorney can help by:

  • Working with your estranged spouse to resolve the issues with your visitation plan
  • Reaching out to your estranged spouse’s attorney to resolve visitation issues
  • Representing you in court to enforce or modify your court-ordered visitation time
  • Filing and providing legal representation in an enforcement or modification case against your ex

Instead of withholding child support payments, take the first step to recovering your visitation rights by contacting a Charlotte child support attorney. The lawyers at Krusch Law, PLLC, can discuss your situation and advise you. Call us at (704) 343-8811 today to schedule a consultation and start working on your case.

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