As a parent in Texas, navigating the complexities of child support and visitation can be challenging, especially when conflicts arise. One question that often comes up is whether a parent can stop paying child support if their ex-spouse denies visitation. The short answer is no, but let’s dive deeper into this important issue.
The Legal Separation of Child Support and Visitation
In Texas, child support and visitation are treated as separate legal matters. This means that even if you’re being denied your court-ordered visitation rights, you’re still legally obligated to pay child support. Similarly, if your ex isn’t paying child support, you can’t deny them their visitation rights.
This separation is so important that Texas law requires every Parenting Order to include a statement explicitly stating that failure to pay child support does not justify denying visitation, and refusal to allow visitation does not justify failure to pay child support.
The Consequences of Withholding Child Support
Stopping child support payments, regardless of the reason, can lead to serious legal consequences in Texas. These may include:
- Being held in contempt of court;
- Fines of up to $500 for each violation;
- Jail time of up to six months; and/or
- Payment of attorney’s fees and court costs.
What to Do If You’re Denied Visitation
If your ex-spouse is denying you court-ordered visitation, you have legal options:
- Document each instance of denied visitation;
- Seek advice from an attorney;
- File a motion for enforcement with the court.
Remember, visitation is considered a right of the child, not just the parent. Courts generally believe that it’s in the child’s best interest to have a relationship with both parents.
The Importance of Following Court Orders
Both child support and visitation orders are legally binding. Failing to follow either can result in legal consequences. It’s crucial to address any issues through proper legal channels rather than taking matters into your own hands. As such, continuing to pay child support even when you’re being denied visitation will likely be viewed favorably by the court if you file an enforcement. This demonstrates your commitment to your child’s well-being and your willingness to follow court orders, regardless of the other parent’s actions.
Conclusion
While it can be frustrating to pay child support when you’re being denied visitation, it’s important to remember that these are separate issues in the eyes of the law. Continue to meet your financial obligations to your child, and use legal means to address visitation problems. By doing so, you’re not only protecting yourself legally but also acting in the best interests of your child.
Remember, if you’re struggling with these issues, it’s always a good idea to consult with a family law attorney who can provide guidance specific to your situation. The attorneys at Grinke Stewart Family Law are here to help you. Contact us at (469) 598-2001.
