Child support is a court-ordered payment made by one parent to the other, for the benefit of their child. Child support laws in each state determine the amount of support based on custody, or how much time the child lives with each parent, as well as their income and finances. The parent who does not have primary physical custody of the child, or who lives with a child less than half the time, is generally the parent who is ordered to make child support payments.
Child support payments are intended to provide for the child financially, even in situations where they do not live with both parents. Both parents are responsible for the financial support of their children; as such, child support is necessary to ensure that both parents are fulfilling their financial obligations to their child.
Some examples of such obligations include:
- Food, shelter, and clothing;
- Medical care and health-related expenses; and/or
- Educational expenses.
Mandatory child support is used by the court in order to ensure that non-custodial parents are contributing to the financial needs of their children. As such, the parent who is required to pay cannot escape that obligation, and the parent with physical custody of the children cannot refuse to accept the child support payments that the court has ordered. Because the purpose of child support is to help provide financial support for a child, as well as to meet their various life needs, it is not meant for the benefit of the other parent.
Courts take withholding child support by a parent especially seriously, and people who do so may be held in contempt of court, which will be further discussed later. As such, you cannot legally withhold child support unless your action to withhold child support is supported by a court order. Rather than withholding court ordered child support, the better option would be to seek a modification of the child support order.
Can I Withhold Child Support Payments If I Am Denied Visitation Rights?
While state laws differ, when a couple with children separate, there will generally be several court orders that dictate the future care of the child. These may include:
When the parents cannot agree on these matters, one of the parents may file a suit affecting the parent-child relationship.
Although the court orders may be incorporated into one another, or they may be issued at the same time, they are considered to be separate issues in a legal context. What this means is that even if you are being denied visitation rights, you must still fulfill your court ordered obligation of paying child support. Alternatively, if you are not receiving child support payments, you cannot deny visitation rights.
To reiterate, if you choose not to fulfill your child support obligations, you will still be financially on the hook for those overdue payments. Also, the custodial parent will have the right to seek court action to order you to pay retroactive child support, which is also known as child support arrears.
Penalties for nonpayment of child support include, but may not be limited to the following:
- License Suspension: If you fail to meet your child support payment obligations, the state can suspend your driving license;
- Liens: The state’s office of the attorney general may also file liens against you, including liens on your bank account, property, life insurance, and retirement plans;
- Credit Bureau Reporting: Generally speaking, your state’s OAG office is required to report overdue child support payments to various credit reporting agencies; and
- Contempt: Arguably, the most severe penalty for failing to meet your child support obligations would be that you may be held in civil or criminal contempt of court. Common penalties for civil or criminal contempt include fines, imprisonment, or both. Contempt of court is further discussed later on.
Are There Any Circumstances Which Would Allow For Withholding Child Support Payments?
You may be permitted to withhold child support if you are supported by a court order. As such, in order to reduce your existing child support payment obligations or withhold child support, you should seek a modification of your child support order.
The court that has jurisdiction over modifying your child support order would be the original court in which the child support order was rendered. Some of the most common reasons for modifying an existing child support order include, but may not be limited to:
- Loss of job, especially due to disability;
- Decrease in visitation time;
- The non-custodial parent has another child that requires support; and/or
- Other substantial changes associated with the expenses of the child, such as increased health insurance or education costs.
Additionally, you may withhold child support if you no longer have an obligation to pay child support. An example of this would be how in most states, child support is terminated when the child reaches adulthood. A person’s child support may be terminated for other reasons, such as:
- When the child graduates from high school;
- Enlists in the military;
- Gets married; and/or
- Becomes emancipated.
Can I Go To Prison For Withholding Child Support Payments?
If you fail to meet your child support obligations, you do risk going to prison. However, before there is any risk of imprisonment, a court will generally schedule a hearing to discover the reason for your missed payments. They may order you to pay retroactive child support, and you may be held in contempt of court if you continue to withhold support. If you are found to be in contempt of court, then the court may put you in prison.
A motion for contempt of court in a child custody proceeding specifically alleges that one of the ex-spouses violated the court’s custody order. The non-violating parent must serve the motion on the other parent, who will then have a limited amount of time in which to respond. Once this time period passes, a hearing will be set where the parent will argue their motion for contempt of court. It is essential to have an attorney assist with this process, in order to ensure that the motion is articulated properly.
The parent who filed the motion will be required to present documentation and evidence in order to prove that the other parent violated the custody order in some way. They may also call witnesses to testify on their behalf. It is highly recommended that the children do not attend these hearings, as they may be traumatizing.
There are two types of contempt: civil contempt, and criminal contempt. A person can be held in criminal contempt when they misbehave in a courtroom, such as yelling or acting violent. A person may be held in contempt for child custody matters when they fail to obey a judge’s order.
Violation of a court order generally results in a finding of civil contempt, and the party found to be in contempt will be sanctioned. Sanctions, or contempt of court for child custody penalties, may include:
- Awarding sole custody to the other parent;
- Reducing visitation rights;
- Requiring court-supervised visitation;
- Criminal charges;
- Jail time; and/or
- Monetary fines.
Do I Need A Lawyer For Withholding Child Support?
If you are being held in contempt of court for failure to meet your child support obligations, you should immediately contact a child support lawyer in your area. An attorney can assist you in fulfilling your court-ordered obligations, and seek a modification of your child support order.
If child support is being withheld from you, consulting with an experienced child support lawyer is recommended. Your lawyer will be able to help you navigate the complex legal system, and help you receive retroactive child support payments. In either case, your attorney will also be able to represent you in court as needed.
