When a parent misses child support payments, covering a child’s food, school supplies and medical bills can become harder. If you rely on those payments, you may feel that the other parent should not get visitation until they pay what they owe. However, Virginia law treats child support and visitation as separate matters.
Why unpaid support does not end visitation rights
In Virginia, you generally cannot deny court-ordered visitation just because the other parent has missed child support payments. A parent’s duty to support a child is separate from the child’s relationship with that parent. Withholding visits as punishment can also hurt the child and lead to further disputes.
For example, if your child’s other parent misses three months of payments but has scheduled weekend visits, you generally cannot cancel those visits solely because of the unpaid amount. A court order remains in effect unless a judge changes it.
Virginia courts focus on the child’s best interests when deciding custody and visitation. Under Virginia Code § 20-124.3, judges consider whether each parent supports the child’s relationship with the other parent. Unreasonably blocking visits could affect how a judge views your actions in a later custody dispute.
How can you address unpaid child support?
Although withholding visitation is not a proper way to collect unpaid support, Virginia provides potential legal remedies. The options available depend on the court order and the facts of your case. These options may include:
- Requesting court enforcement: Filing a motion asking the court to address missed payments may lead to an order requiring the other parent to pay.
- Seeking income withholding: Payments may come directly from the paying parent’s paycheck.
- Contacting Virginia’s Division of Child Support Enforcement (DCSE): The agency may pursue enforcement tools such as income withholding and tax-refund intercepts, depending on the case.
Keeping payment records, such as bank statements and a list of missed payments, can help show how much remains unpaid. A family law attorney can review your custody order and payment history to explain which enforcement options may apply.
Keeping support and visitation on separate tracks
Virginia law generally requires parents to follow existing court orders even when the other parent fails to meet their financial duties. Seeking enforcement through the court or DCSE can address unpaid support without risking a violation of your visitation order. If safety concerns arise during visits, a separate court request may be appropriate based on the facts.
