Can I Refuse Visitation to a Parent Who Hasn’t Paid Child Support in New Jersey?
When a parent fails to pay child support, it can be frustrating, financially stressful, and create confusion about your legal rights and options. Many parents wonder whether they can refuse visitation or parenting time to a parent who hasn’t paid support. Custody and child support are two separate legal issues, but understanding your rights is crucial. Continue reading and consult with a knowledgeable Morristown custody and parenting time attorney today for more information.
What is Visitation?
In New Jersey family law, the term “visitation” is often used interchangeably with “parenting time.” However, New Jersey courts and legal professionals more commonly use the term parenting time to reflect the evolving understanding of a non-custodial parent’s role. It emphasizes the parents’ right and responsibility to maintain a meaningful and consistent relationship with their child, beyond simply visiting.
Parenting time outlines the schedule and manner in which a parent who does not have primary physical custody spends time with the child. This arrangement is detailed in a legal document, such as a Consent Order or a Final Judgment of Divorce, and may be scheduled, supervised, or unsupervised, depending on the child’s best interests. Whether referred to as visitation or parenting time, the underlying legal principle is that the court prioritizes the child’s right to regular contact with both parents.
Can I Refuse Visitation to a Parent Who Hasn’t Paid Child Support in NJ?
The short answer is no, you cannot legally refuse visitation or parenting time solely because the other parent is behind on child support payments in New Jersey.
New Jersey courts view child support and parenting time as separate legal matters. A parent’s failure to meet their financial obligation of child support does not automatically negate their right, or the child’s right, to maintain a relationship with them. The guiding principle for all custody and visitation matters is the best interests of the child.
Withholding parenting time as a form of retaliation for non-payment is a violation of the existing court order and can lead to serious legal consequences for the custodial parent, including being found in contempt of court or having the parenting time schedule modified against their wishes. A New Jersey court will not look favorably upon a parent who denies court-ordered visitation.
What Can I Do if the Other Parent Isn’t Paying Support?
If your co-parent is delinquent in child support payments, the correct legal action is to pursue enforcement through the court system, not to withhold parenting time.
In New Jersey, you should contact the Probation Division of the County Superior Court where your support order was issued. Probation is responsible for monitoring and enforcing child support payments. They can initiate several enforcement actions, including:
- Wage garnishment
- Intercepting tax refunds
- Suspending the non-paying parent’s driver’s license or professional licenses
- Filing a motion for litigant’s rights, which can, in some cases, lead to incarceration for contempt of court
Consulting with a family law attorney is advisable to understand all your options for legal enforcement.
