Our attorneys often field this question from frustrated parents who want nothing more than to ensure they have finances in place to care for their child. This is especially true when a portion of that financial picture is dictated by whether or not their former spouse is paying child support, and it can lead to many people thinking they can take matters into their own hands—up to and including denying visitation until their obligations are handled appropriately.
In Texas, child visitation and child support are treated as separate legal matters, meaning one cannot be directly tied to the other. So, if your spouse isn’t paying child support, you cannot legally deny visitation rights. While that may sound unfair from a financial perspective, Texas family law prioritizes the best interests of the child.
At the top of that list is ensuring they maintain a relationship with both parents—regardless of financial disputes.
Why Visitation and Support Are Separate
Under Texas law, visitation is a right granted to the non-custodial parent to spend time with their child. The court typically sets a standard visitation schedule to ensure both parents have access to their child despite the marriage ending. As previously mentioned, this schedule applies whether or not child support payments are being made on time.
Texas courts separate visitation and support because they serve different purposes.
Child support ensures the child’s financial well-being. Visitation fosters an emotional bond between parent and child. Denying visitation could harm the child’s emotional development, which is why withholding visitation isn’t an option to enforce payment.
What Can You Do if Your Ex-Spouse Isn’t Paying Child Support?
If your ex-spouse isn’t paying child support, you can ask for help from an attorney and the court system. You can file a request to enforce child support, which could lead to severe consequences for your ex. These might include having their wages garnished, court fines, and even jail time in extreme cases.When handling child support disputes, adhering to the proper legal procedures is crucial. Although the situation may feel unjust, withholding visitation without court approval can result in legal repercussions. You should contact an experienced family law attorney to review your options and protect your rights.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Are you looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs throughout Collin County.
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