The child support order that the court handed down in your case is legally binding. This means your ex must follow it. If they have stopped making payments or are not paying the required amount, however, it puts you in a challenging financial position.
While it may be tempting to withhold visitation in response, doing so is never recommended, as it puts you on the wrong side of the law and in violation of parenting time schedules. This can have its own consequences.
What you should do is consult with an experienced San Antonio child support attorney at Cook Law Firm, which can make a big difference in how your case is resolved.
Child-Related Orders are Separate
Both parents are required to support their children financially, and child support is designed to address this responsibility. The children’s best interests guide the state, and the child support obligation supports their position.
Parenting time arrangements are also based on your children’s best interests. Except in cases where there is a serious reason to rule otherwise, Texas courts strive to maximize the time children spend with each parent.
While possession/access of the child can influence support amounts, a child support order is a separate matter from a possession/access order, which sets out visitation rights. A violation of one order does not justify breaching the other.
If your ex does not uphold their child support obligation, your children are harmed financially. If you, however, respond by withholding visitation, your children suffer a different form of harm.
Your spouse’s child support obligation is legally binding, and so is the parenting schedule that the court handed down. This means that withholding visitation in response to unpaid child support is not a viable option. Instead, it puts you in the risky position of violating court orders.
Having Skilled Legal Guidance is Always the Best Approach
Retaining professional legal counsel is a much better option than taking your ex’s failure to pay child support into your own hands. If requesting that they fulfill this financial responsibility doesn’t do the trick, a focused letter from a reputable child support lawyer might be all you need.
If your children’s other parent still refuses to comply, however, your determined child support attorney will take the steps necessary to rectify the problem. This may mean going to court, and if so, the judge can garnish your ex’s wages and has additional legal authority that can be very motivating.
Our Experienced San Antonio Child Support Lawyers Can Help
Both child support and visitation uphold your children’s best interests, which is why one cannot be used as punishment for the other. If your ex isn’t paying court-ordered child support, a resourceful San Antonio child support attorney at Cook Law Firm is well-equipped to help. We are on your side. Contact us online or call 210-740-0281 today.