FAQ Regarding Child Support and Visitation
One of the recurring questions I receive from clients deals with child support and visitation, and it goes something like this – “I pay child support but the other parent doesn’t let me see my son/daughter. Do I still have to pay child support?” The answer is always, yes.
While it seems unjust to be denied access to your child despite the fact that you pay child support, that is not a basis to withhold support. First, visitation and child support are mutually exclusive issues, and second, withholding support only hurts the child.
If the custodial parent is denying access to the child, you may seek to enforce your existing court orders allowing possession and access to your child, or you may file suit to request possession and access, known as a SAPCR (Suit Affecting the Parent-Child Relationship).
Remember, it is also unlawful for a custodial parent to deny possession and access based on the other parent owing back child support.