When a scheduled visit does not happen, you may feel angry, shut out or tempted to withhold support. However, you should not stop paying court-ordered child support just because the other parent denied visitation. Under Texas law, child support and visitation are separate duties. Courts focus on the child’s best interests when they decide issues involving conservatorship, possession and access.
Why withholding support may create more problems
If you stop paying court-ordered child support, unpaid amounts may build up with interest. You could also face enforcement steps, such as income withholding, liens or action against a license. The other parent’s failure to follow the possession and access order does not excuse missed support payments.
Keep paying through the method listed in your order. The current order remains in effect until the court changes it or your duty ends under its terms and state law.
Use enforcement for denied possession and access
When the other parent blocks court-ordered time, you may seek to implement the court order instead of breaking the support terms. Start by reviewing your order for dates, exchange places and notice rules. Follow those terms as closely as possible.
Keep a clear record of each denied visit. Note the date, time and place. Save texts, emails and other messages that show you were ready to follow the order. Witness names might also help explain what happened.
An enforcement case could ask the court to address a failure to follow the possession and access order. The outcome depends on the facts, the wording of the order and the proof you present.
Keeping support and visitation issues separate
It might be wise to address child support and parenting time on their own terms. Continue making required payments and keep organized records of denied visits. These steps may help protect your position and prepare you to address future issues with possession and access.
