If my husband does not pay child support, can I deny him visitation rights? I am the custodial parent.

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Question:

My ex-husband isn’t paying child support.  Can I keep him from seeing my daughter to make him start paying?

Answer:

Every state is slightly different in their child support enforcement laws; however, as a general rule, you are not allowed to withhold visitation because your former spouse is behind in their child support payments.  If there is a Court Order in place regarding visitation, you would be violating the Court Order in the same manner as your former spouse.  You basically have two options under these circumstances: you can take your ex back to court for an enforcement action or, in some states, you can go through the Attorney General’s Office for child support enforcement.  You should first check with the Attorney General in your state to see what is available.  Once you know whether the Attorney General’s Office will be of any assistance, you will know if you need to seek an independent attorney to enforce the Court’s child support Order.

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