“The mother of my child has been ordered by the court to pay child support, she simply will not pay a penny and hasn’t since the baby was born 10 months ago, do I still have to let her have visitation?”

YES! Though some states consider non-payment of support as a factor in proceedings to determine custody and visitation, and you may have facts necesary for an action in contempt, an order is an order. Just because baby-momma is not following a Court order, does not relieve you of your duty to follow Court-ordered visitation.

There probably is some department of child support collection in your state which would pursue child support payments under Court orders and give you some help in enforcement.


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.