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Is Visitation Tied to Child Support in New Jersey?
If you’re the custodial parent in New Jersey, receiving child support payments from your former spouse may be essential for meeting your family’s needs. If a non-custodial parent fails to satisfy their support obligation, the frustration can be significant, potentially leading to resentment, especially when the child leaves for their scheduled visitation. Please continue reading as we address whether a custodial parent can legally withhold access to a child due to child support delinquency. Additionally, you’ll learn how an experienced Ocean County Child Custody Attorney can help protect your rights.
Can a Parent Refuse Visitation if Child Support Has Not Been Paid?
While it may be tempting to withhold access to your child if your former spouse fails to meet their support obligation, it’s crucial to be aware of the potential consequences. Child support and visitation are distinct issues. Therefore, you cannot deny visitation solely because support is unpaid.
New Jersey courts prioritize the best interests of the child above all else. It’s important to understand that courts find it in the best interest of a child to have frequent, meaningful, and continuing contact with both parents. This means the parenting time is really the child’s right, not as a reward or form of discipline. Obligations for financial support don’t govern visitation rights.
Child support is intended to guarantee that the child’s basic needs are met, covering necessities like shelter, meals, schooling, and care. These payments are solely for the benefit of the child. Visitation, on the other hand, is to sustain the child’s connection with both parents, promote the child’s development, and foster stability in their life.
What Consequences Will I Face for Refusing Visitation?
Refusing court-ordered visitation in New Jersey can lead to harsh legal penalties. It should be noted that parents are responsible for ensuring compliance with the visitation schedule in place, regardless of a child’s reluctance to spend time with the non-custodial parent. To modify a parenting schedule, you must petition the court.
Potential legal repercussions for refusing visitation include:
- Contempt of court
- Modification of existing custody order
- Make-up visitation
- Mandated counseling sessions
What Should I Do If Child Support is Not Being Paid?
If you’re not receiving child support, it’s crucial to take action. To address unpaid support, you should enlist the help of a knowledgeable Ocean County child custody attorney. The legal team at the Law Office of Sarina Gianna, LLC, can help you file for enforcement of child support. The court has the authority to impose penalties, such as wage garnishment or other collection methods. Furthermore, it’s advisable to seek assistance from a state enforcement agency, as they can help with your collection efforts.