» Custody & Parenting Time

Does My Ex Still Get Parenting Time if They Are Not Paying Child Support?

Absolutely! The children’s right to have a relationship with their other parent is not a sword in a fight for unpaid child support. If you are having an issue receiving child support, ask the court for help. Do not resort to improper self-help by withholding parenting time. Doing so would be a violation of what is likely an agreement between you and the other parent or a court order that provides for parenting time. This is not a situation where you “fight fire with fire.”

In fact, never withhold or interfere with the other parent’s parenting time unless you have justified concerns for your child(ren)’s safety or well-being. If you do, then that’s a different issue, and you should immediately speak with your attorney about taking action to protect the child(ren).

Do not put yourself in a position where you are arguing that your ex is in violation of the court order for failure to pay child support while you are in violation of a court order (or your agreement) for interfering with your ex’s parenting time. The courts do not take child support arrears lightly, but they also very much dislike interference with parenting time.