When parents divorce or begin living separately, they typically share responsibility for their children. Doing so requires that they address parenting time and authority. They must also share financial responsibility for their children.
When one parent earns far more than the other or has less parenting time, the court may order child support to make the situation as fair as possible and to help ensure a basic standard of living at both homes. If the parent ordered to pay support falls into arrears, the other parent may end up struggling to cover expenses. Parents often wonder if they can withhold parenting time in response to unpaid child support?
Withholding access could lead to legal issues
A custody order is separate from the support order. Both parents must uphold the custody order, just as the parent with financial obligations must uphold the support order.
Denying a co-parent scheduled time with the children over unmet child support obligations could backfire. The courts generally do not take kindly to those who intentionally violate custody orders.
Instead of denying a co-parent time with the children, asking the courts for support enforcement is a better approach. In Texas, enforcement actions can range from suspending a parent’s driver’s license and garnishing their wages to issuing a bench warrant for their arrest.
While it can be frustrating to deal with an ex who isn’t meeting their child support responsibilities, remaining compliant with the custody order is critical for the protection of the parent who has more time with the children or who depends on support to consistently meet their needs. Discussing child support arrears and other concerns with a family law attorney can help parents take the right steps to help ensure their children receive the support to which they’re entitled.
