It can certainly be frustrating if your ex refuses to pay child support. They are violating the court order issued during your divorce. You are entitled to those support payments, which may be critical to providing a safe and healthy life for your child. Since you have primary custody, you already face many expenses and need child support to help cover these costs.
If your ex is refusing to pay, you might consider taking drastic steps to force their hand. For instance, perhaps they have custody every other weekend or maybe they have visitation rights. Could you tell them they don’t get to see their child until they start paying child support properly? Do you have the right to withhold custody or visitation over this issue?
Do not violate the court order
No, you cannot withhold custody or visitation in a scenario like this. Doing so would violate the child custody order. Remember that the court prioritizes the child’s best interests and will take this type of violation very seriously.
What can you do instead?
It’s important to explore the legal steps you can take to get the court to enforce the child support order.
For example, in some situations, the court can order your ex’s employer to garnish their wages. This means the employer deducts child support payments directly from your ex’s paycheck. Your ex never receives the money—it is routed directly to you, ensuring they meet their financial obligations.
However, it’s crucial to follow all the proper legal steps, rather than attempting to resolve the issue on your own by violating your ex’s custody or visitation rights. Take the time to carefully explore the options at your disposal, as every case is unique.
