My Child’s Mother Doesn’t Pay Her Child Support, Does She Still Have Visitation Rights?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“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.

Question: 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.