If you are divorced and do not pay child support, are you denied visitation rights or will it have any effect over it?

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Question:

If my husband has not been paying child support, will his visitation rights still uphold?

Answer:

In the eyes of the law, child support and visitation rights are two separate issues.  Parents have a legal responsibility to support their offspring.  The court will grant the non-custodial parent visitation rights if it’s determined to be in the best interest of the child.  Since these are two separate issues, the non-custodial parent should not be denied the right to see the child if visitation has been ordered by the court.  Whether the child support payments are made or not, the law stipulates that you cannot deny visitation to a spouse. An order for child support can be modified, especially in the case of a change in financial circumstances, such as losing a job or becoming disabled.  The parent needs to file a motion with the court to have the order changed.  Until the court issues a new child support order, the terms of the old order are still in place.  The non-custodial parent should continue making payments until the matter has been heard before a judge.

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