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Can you ever withhold child support?

On Behalf of | Dec 16, 2022 | Child Custody & Support |

You were ordered to pay child support when you got divorced. You made a lot more money than your ex, and the child was going to live with them most of the time, so the money helped to even out that responsibility.

That doesn’t mean you had no time with your child, however. Maybe you get to have visitation or perhaps the child stays with you every other weekend. You do value this time, even though your lifestyle is too busy to be with the child all of the time.

However, during a disagreement with your ex, he or she says that you are no longer going to be able to see the child. They do this out of spite or because they’re frustrated with you, and there are no grounds for it. You decide that you’re going to withhold child support until they allow you to see your child again. You think that will force their hand and it seems fair to you, but are you allowed to do it?

You cannot violate a court order

You can’t withhold child support because it was stipulated in a court order. You must follow this order at all times. Even if you’re unhappy with your ex, or if you want to modify the amount you have to pay, you need to continue paying it every month. You can only change that obligation through an official modification of the order. 

Now, you can argue that your ex is also violating a court order by denying visitation. And this is true. But you simply need to know what legal steps you need to take to protect your parental rights. Don’t make things worse by withholding child support and violating a court order yourself.

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