Legally, one does not depend on the other. A parent who believes a child is in danger or is being harmed during visitation should contact an attorney immediately. Child support and visitation are two unrelated things in the law. The punishment include fines and up to 6 months in prison (or both) for a first offense. Before you go so far as to withhold visitation for unpaid child support, consider the following: Although visitation may be modified with the consent of both parents or by the court, it is unlikely that the court will completely sever visits between the delinquent parent and the child. Many parents who are legally required to pay child support for their children become frustrated because they must continue to pay support even if a child is not in their lives. However, child support and child visitation are two separate matters. [ Top of Page] What if there is a child support order, but no visitation order? While many parents who do not have full-time physical custody of their children also pay child support, the courts treat matters of visitation/parenting time and child support as separate issues. If you have a child support order, but do not have a visitation order, you can ask the court to make a visitation order. These two processes, child support and visitation, are viewed as two completely separate issues in the eyes of the law. You must get a new court order first. Do not stop or reduce your child support payments on your own. I've been paying child support with no visitation but today when I called the child support division, they didn't have my file register in the system. Is this normal to pay child support and not have your information in the system? If the child is in immediate harm, the parent can contact the police. It seems like that would be logical, but it just doesn't work that way. If the court finds that someone has the ability to pay support but is willfully not paying it, it can find that the person ordered to pay support is in contempt of court. refuses to pay child support for over 1 year; where the amount owing is more than $5000, or; where the non-custodial parent travels to another state or country to avoid paying child support. Because child support and visitation are two separate issues, a parent who does not pay the required child support cannot be denied visitation with the child. This enforcement tool is generally used only when all others have failed because it can result in jail time for the person who is not paying. The court could sanction a parent who withholds visitation because the other parent is behind in child support payments. It also means if someone withholds parent-time, you still owe child support. This means if someone doesn’t pay child support, you can’t keep them from parent-time. Parents don't "earn" the right to a relationship with their child by paying child support. 2 I've never had a dna test done to prove that I am the bilogical father. Parents in New York have an obligation to pay child support according to Family Court Act §413 and NY Domestic Relations Law Section § 240. Not paying child support can have very serious consequences.


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