You must pay child support as ordered, even if your ex won’t let you see your child. Support and parenting time are two different issues in New Jersey courts. So, stopping child support payments won’t fix problems with visitation but will only trigger a violation and prevent your child from getting the financial support they need while they’re not in your care.
Child Support vs. Parenting Time
The money from child support belongs to your child. Payments are supposed to help buy food and clothing, pay for education and medical expenses, and guarantee stable housing. And those needs don’t go away just because the other parent is refusing to let you see your child.
On the contrary, parenting time provides much-needed structure to your child’s life and facilitates their relationship with you. Courts keep child support and parenting time separate so that children are never used or caught in the middle of a conflict.
That’s why judges won’t accept late or paused child support payments because of denied visitation. In reverse, it looks like withholding a child just because support is unpaid. Both scenarios are equally prohibited under New Jersey law. Speak to a lawyer at Hand & Toker to learn more about your rights.
Unpaid Child Support Consequences
The consequences for unpaid child support can be personally, financially, and professionally devastating. You violate a court order the moment you stop paying, regardless of what your ex is doing with your child. And since New Jersey enforces child support through the Probation Division, consequences can escalate quickly.
Failure to pay child support can trigger a long list of penalties and enforcement actions, such as wage garnishments, tax refund interceptions, driver’s license suspensions, liens on property, negative marks on your credit report, and a bench warrant for your arrest.
Meanwhile, the arrears can continue accruing even if you’re behind bars. Withholding child support payments seldom pressures your ex to follow court-ordered parenting time. Instead, it usually hands the court a reason to come after you.
Withholding Child Support: How It Impacts Custody
Judges often see a parent who prioritizes personal vendettas ahead of a child’s needs when you stop paying child support because of your ex’s behavior. This decision can erode your credibility when it matters most.
A better approach is to continue paying your child support on time while enforcing your parenting-time rights through the proper channels. This decision demonstrates your child-focused approach and willingness to obey court orders.
If your ex is seen as the one repeatedly breaking the rules, your continued child support payments can bode well in your defense. Reach out now to discuss your case and learn your rights.
What to Do When Denied Parenting Time
Your hands are not tied just because your ex won’t let you see your child. Like your child support order, your parenting time arrangement is a direct court order. Your ex breaks the law when they ignore the order or refuse to facilitate visitation. And you have every right to pursue legal action.
Step One: Gather the Evidence
Begin building your record as soon as the problem arises because judges decide these cases on evidence. Log each missed or shortened visit, note the date and time, and include details about what happened or what was said. Save texts, emails, and voicemails when possible, and show up for all court-ordered exchanges as planned.
Step Two: File a Motion
Never retaliate against your ex because they won’t let you see your child. Instead, file a motion with the court. This tells the judge that your ex has violated a court order and requests immediate correction. However, you must file the right motion correctly and on time. Contact a lawyer for help.
Step Three: Ask for Remedies
Request reasonable remedies, including make-up parenting time, modified schedules, financial sanctions, attorney’s fees, and counseling or parenting programs. You can also request a mediator to help resolve conflicts or a change in the custody arrangement itself. Schedule a consultation with Hand & Toker to learn more.
Handling Child Support and Parenting Time Simultaneously
Child support and parenting time issues are addressed through separate motions but can move forward together in New Jersey. Judges often hear support enforcement and parenting time enforcement matters in the same docket.
Handling both cases and honoring your obligations while enforcing your rights means staying protected on every front. Changes take effect on the day you file, so act now.
Getting Started
Being kept from your child while still paying support can be painful and infuriating, but you don’t have to accept it or jeopardize your own case out of frustration. We can help you enforce your parenting time and document violations through the correct legal channels. Reach out now to get started.