Can Time Sharing Be Denied If Child Support Not Paid?

Are you currently on the separation or divorce stage with your spouse and now you are concerned with the child custody or child support in Florida? On a certain degree, it makes sense that such issues would be connected.

Normally, you’re dealing with the same offspring, same parents and the same court ordered a parenting plan. Thus, it only makes sense that individuals co-blend the two. Unluckily, Florida thinks child support and child custody as equally private and isolated entities.

In this article, we will explain two cases which show why child support and child custody are equally exclusive entities in the state.

No Kid Does Not Mean Means No Cash.

One distinctive scenario involves a custody case where one parent doesn’t permit the other parent to visit or see the kid during the period laid out within the parenting plan. This situation infringes the court order. Thus, the court has preparations to make sure the parenting plan is enforced.

Nevertheless, far too often, the parent who’s being deprived of the time-sharing will begin skipping child support payments. You see, it’s definitely sensible why a parent might take this significant measure. However, this action is contemptuous and can result in grave consequences.

In the state of Florida, failure to pay child support could lead in the following:

  • You could be arrested and thrown in jail
  • A lien could put on your boat, car, home, etc.
  • Wages could be garnished
  • Assets could be seized
  • Your fishing license, hunting license, or driver’s license is revoked

Now, if you’re being denied the privilege to see or visit your kid, don’t stop paying the child support. These are separate issues to the court and if you fail to make your payments, you will also be in trouble. Possibly more trouble than the parent withholding the visitations.

You should instead consult a family law attorney and file a motion along with the court to have the parenting plan enforced.

We know that not seeing your child when you should is quite stressful and even be heart-wrecking. But you need to remember that it’s always best to go through the right channels to avoid paying for consequences yourself.

No Cash Does Not Mean No Kid.

On the flip side, this case is the total opposite of the first one. In this scenario, one parent has stopped paying child support for whatever reason. Perhaps he or she don’t feel like it anymore, got laid-off, or took a pay cut.

Similar to the mentioned example, when you’re not getting the child support payment according to the court order, you should file a motion. You can’t separately make the decision that when the other parent isn’t paying his or her child support, that you’ll stop time-sharing. If you did this, you might end up in a bad situation too.

Perversely, refuting visitation doesn’t have the same consequences as failing to pay child support in the state of Florida. Normal, if you’re discovered to have refused or intentially prevented visitation to the other parent, you’ll likely be warned to not do it again and forced to make up those days later within the year. You may also be required to pay the other parent’s lawyer’s fees too.

Don’t think that’s not too bad of a consequence – depending on how long you prevented court ordered visitation, that could add up many days. Those makeup sessions, which are now commanded by the court, could extremely upset you and the weekly routine of your kid.

In addition, depending on the judge and your history of similar behavior could jeopardize your own time-sharing. You see, denying visitation could destroy your likelihood of safeguarding the current child custody agreement and you could end up with a new agreement which is more favorable to the parent you refused visitation to.

If the other parent has stopped making their child support payments, your best option is to contact the Florida Department of Child Support Enforcement. In most cases, they are already involved when a child support order is issued. A parent failing to maintain their required payments can face serious consequences including wage garnishments, tax return garnishments, loss of license, and even jail time until a substantial amount of what is owed is paid off.