Arlington, TX asked in Child Custody, Child Support, Divorce and Family Law for North Carolina

Q: If you’re behind on child support payments, can the custodial parent take away my visitation?

My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.

Technically, I am behind in the monthly amount, and need to have my income and child support legally re evaluated. But I have not completely stopped paying or disappeared. She will not let me see my son and wants to get a protective order against me. I don’t understand.

1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself and the child. The good news is that if she does seek a protective order, you will get a hearing and at the hearing if there are no grounds for the protective order, you can mention that she is withholding visitation. If you get a sympathetic Judge they may order the visitation (or at least instruct her to allow visitation) and if she witholds after that - she may be in violation of a court order. You will likely need an attorney to help you - especially with getting child support lowered.

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