The COVID-19 pandemic has presented significant economic hardships for many Carlsbad and San Diego households. This has led to challenges in many co-parenting situations where child support payments are underpaid or fall behind.
It is unfortunately quite common for a co-parent who should be receiving child support to attempt to deny parenting time to the payor who has fallen behind. Unfortunately, it is also quite common for the co-parent who feels they are being penalized by having time withheld from seeing their children to feel “well, then I’ll just stop paying child support altogether.”
Neither position is legally in the right. The payor cannot be denied parenting time when behind on child support here in California. Likewise, a payor of child support cannot stop paying due to the other co-parent attempting to withhold parenting time or visitation.
Both acts, withholding parenting time ordered by the Court and withholding child support payments is against the law.
If you are being denied parent time when behind on child support you need the advice and counsel of the Certified Family Law Specialists at Burke & Domercq. Our experienced attorneys will work to develop a solution in these emotionally charged financial and custody disputes.
Mediation is often a cost-effective and timely solution to this type of challenge. If the co-parent continues to withhold Court-ordered time with your kids we can petition the Court to enforce the original orders. When parenting time is withheld by one of the parents on a consistent basis, the Court will often revisit the original orders and may even consider permanently transferring full custody to the parent who is being denied Court-ordered visitation.