My Ex is Not Paying Child Support; Can I Withhold Parenting Time?
January 3, 2023
Contributor: Margarita Romanova
Contributor: Margarita Romanova
Absolutely not!
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 the awarded child support, ask the Court for help. Do not resort to improper self-help of withholding parenting time. Doing so would be a violation of what likely is 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 be taking actions to protect the child(ren).
If you’d like my help to address a child support or parenting time issue, please schedule a consultation. If you cannot afford an attorney, feel free to peruse the New Jersey Court’s website. The Court has a lot of information available to pro se litigants to help them navigate the system. It will take time and will likely be a frustrating exercise, but it would save you legal fees. Don’t be nervous or reluctant in asking the Court for help. There is a variety of relief provided in the Rules of Court that the Court can order to address child support arrears. This relief may not only be in the form of compelling compliance but also sanctions, such as loss of driver’s license and/or economic sanctions for failure to abide by a Court Order, depending on the severity and history of non-compliance.
Having said that, it warrants repeating, don’t find yourself in a position where you are claiming your ex is in violation of the Court Order for failure to pay child support while you are in violation of the same 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 unreasonable, baseless interference with parenting time.
To schedule a consultation to discuss you matter, please use the "Schedule a Consultation" button below.
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 the awarded child support, ask the Court for help. Do not resort to improper self-help of withholding parenting time. Doing so would be a violation of what likely is 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 be taking actions to protect the child(ren).
If you’d like my help to address a child support or parenting time issue, please schedule a consultation. If you cannot afford an attorney, feel free to peruse the New Jersey Court’s website. The Court has a lot of information available to pro se litigants to help them navigate the system. It will take time and will likely be a frustrating exercise, but it would save you legal fees. Don’t be nervous or reluctant in asking the Court for help. There is a variety of relief provided in the Rules of Court that the Court can order to address child support arrears. This relief may not only be in the form of compelling compliance but also sanctions, such as loss of driver’s license and/or economic sanctions for failure to abide by a Court Order, depending on the severity and history of non-compliance.
Having said that, it warrants repeating, don’t find yourself in a position where you are claiming your ex is in violation of the Court Order for failure to pay child support while you are in violation of the same 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 unreasonable, baseless interference with parenting time.
To schedule a consultation to discuss you matter, please use the "Schedule a Consultation" button below.
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