Diligence, Respect And Compassion In Texas And Oklahoma
  1. Home
  2.  » 
  3. Family Law
  4.  » Can you withhold child support until you see your child?

Can you withhold child support until you see your child?

On Behalf of | Feb 15, 2024 | Family Law |

When you and your spouse got divorced, you were ordered to pay child support. You were also given child custody rights. Perhaps you and your ex share custody, with the child living with you every other week and living with your ex on the off weeks.

But then your ex starts violating your custody rights. Perhaps they take the child on a vacation without telling you. Maybe they start bringing them over to your house too late or on the wrong day. For whatever reason, you feel like they are trying to interfere with your custody rights and your relationship with your child. Could you withhold your monthly child support payments until they stop this behavior?

Do not violate the court order

No, you should not withhold the child support payments. Remember that they were mandated under a court order. Refusing to pay, even if you believe it’s a valid reason, violates this order. You could be held in contempt of court and your own child custody rights could be in jeopardy for the future.

What if you cannot afford child support? 

If you genuinely cannot afford to pay, it’s best to pay as much as you can. The court can modify the order to make it affordable, but you need to at least make an effort to pay the amount that was originally ordered. Additionally, back payments accumulate, so the amount that you owe gets larger for every month that you miss that payment.

If you’re in this type of situation, things can grow very complex. It’s crucial for you to understand your parental rights and all the legal steps you can take.