Co-parenting can quickly become a stressful endeavor when emotions run high and finances are tight. Unfortunately, many Ohio parents find themselves facing a frustrating reality: the other parent isn’t paying court-ordered child support.
You might feel angry, hurt, and resentful. If the other parent is not keeping their end of the deal, is it really fair for them to continue seeing the child? Can you deny visitation if child support isn’t paid in Ohio?
Before taking action, you need to know how Ohio law views these issues. Sometimes, withholding visitation could backfire, no matter how justified it may feel at the moment.
Child Support and Visitation
Under Ohio law, child support and visitation are separate obligations. This distinction has serious implications for what parents can and cannot do when things break down.
In other words, one obligation does not cancel out the other. So, if the other parent has stopped paying child support, you are still legally required to follow the parenting schedule unless a judge modifies it.
Can You Deny Visitation for Missed Support Payments?
No, not legally. Even if child support payments are months behind, you are not allowed to deny the other parent their court-ordered visitation. If you do, that could put you in contempt of court.
Since you have violated a court order, it could lead to fines, attorney’s fees, or a change in custody if the judge believes you’re interfering with the child’s relationship with the other parent.
For many parents, this might seem unfair, especially when one takes on the financial responsibilities without help from the other parent. However, in the eyes of the law, the court’s primary concern is always the child’s best interest, not punishing a parent for financial missteps.
From the court’s perspective, parenting time is a right of the child. They want the child to maintain a consistent, loving relationship with both parents. When access to a parent is cut off, that is viewed as harmful.
What Are Your Options?
While you cannot deny visitation, legal options are available to enforce child support. You will want to contact Ohio’s Child Support Enforcement Agency (CSEA). There are several ways to make the other parent comply with support obligations, including:
- Wage garnishment
- Intercepting tax refunds or stimulus checks
- Suspending drivers’ or professional licenses
- Seizing bank accounts
- Filing contempt actions through the court
Failure to pay child support can even result in criminal charges in the most serious cases.
When one parent is not meeting their legal or moral responsibilities, you may want to act out of frustration or a desire to protect your child. But withholding visitation puts you at legal risk and may hurt the child more than help them. You want to focus on the steps you can take:
- Keep detailed records of missed child support payments.
- Contact your local CSEA to initiate enforcement actions.
- Talk to an experienced Ohio family law attorney if you need help modifying support or parenting time arrangements.
Above all, continue following the court orders, even when the other parent doesn’t. When you do that, it protects your legal standing, supports your child’s well-being, and reinforces your commitment to doing what’s right.
What If There Are Safety or Welfare Concerns?
If your concerns go beyond missed payments, such as drug use, violence, or emotional harm by the other parent, you may have grounds to request a modification of the parenting schedule.
However, you will want to go through the proper legal process. A judge must review the facts and approve any changes. You cannot make these changes on your own. Taking matters into your own hands, even with the best intentions, can hurt your position in court.
Get Legal Assistance for These Missed Child Support Payments
Can you deny visitation if child support isn’t paid in Ohio? The short answer is no. If you do that, you could put yourself in legal trouble, and that is the last thing you want to do to your child.
The next move is to reach out to Axelrod Law Office in Lake County, OH. We can help you determine your options and next steps. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.