When a noncustodial parent is awarded visitation and is ordered to pay child support but he/she fails to pay child support, the custodial parent SHALL NOT refuse to honor the noncustodial parent’s visitation rights.
Also, when a custodial parent refuses to honor the noncustodial parent’s visitation rights without cause, the noncustodial parent MUST continue to honor his/her obligation to pay child support.
The noncustodial parent who is not allowed access to his/her child should file a Motion for Contempt and Sanctions.
The same goes for the custodial parent where he/she should file a Motion for Contempt and Sanctions if the obligor/noncustodial parent failed to pay child support.
Bottom Line: The noncustodial parent has a right to see his/her child. The custodial parent has a duty to promote frequent and continuing contact with the other parent even if the noncustodial parent has not paid child support. The child should not be held “hostage for a ransom”.
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