Paying Child Support While Denied Visitation in Arizona

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Paying Child Support While The Other Parent Is Denying Visitation In Arizona

If you have a child support order in place, you’re probably aware of how serious the consequences of failure to pay child support can be. And because the parenting plan factors into how much child support is paid, it seems that if one parent were denying visitation, it would void child support orders as well. But withholding child support due to custody disputes doesn’t usually work out well for the parent ordered to pay child support. Arizona doesn’t take a parent’s obligation to financially provide for their child lightly. Are you wondering what your next step should be when you pay child support but your ex isn’t allowing you to see your child? Speak with an experienced professional before taking actions that could result in serious penalties. If you live in Phoenix or Tucson, our team offers family law support in Arizona in a variety of issues, including withholding of child support and/or parenting time. Learn more about your options as early as today by calling 480-470-1504.

Gavel and family law book symbolizing child support and custody

Full Compliance With Custody Orders

There are multiple ways a parent could violate custody orders besides refusing to let the child see their other parent. It is considered a violation of a custody agreement if either parent consistently is late to custody exchanges. Many parenting plans provide for phone calls with whichever parent doesn’t have physical custody at the time, and not allowing the child to participate in these phone calls is a violation of custody orders. A parent who has joint custody with their child’s other parent should avoid parental alienation, or speaking badly about their ex to their child to sabotage or damage their relationship. There are other specific terms that could be in your orders based on your personal circumstances. To review your custody orders to make sure you are in full compliance, you can schedule your initial consultation with our firm for free. You can find our firm’s website and can reach us by phone for Phoenix residents at 480-470-1504, and for Tucson residents at 520-231-2822.

What If We Have An Informal Agreement?

Some parents have amicable relationships and can co-parent without getting the court involved. This is a nice idea, but it reduces a parent’s options if their ex decides to stop allowing visitation or paying child support. If your ex ever decides to renege on an informal custody or child support agreement, you will have to rush to prepare a petition requesting the court formalize your parenting plan and child support payments. You should find any documentation showing your previous arrangement, as the courts prefer to keep a child’s routines consistent. This can include emails, text and voice messages, sign-in sheets, and more.

Don’t assume that a previous custody arrangement or child support agreement made out-of-court will be retained word-for-word if brought before a judge. A parent paying support through an informal agreement could be paying more or less than they would be obligated to through orders from the family law court. The judge might also believe it is in the child’s best interests to make changes to the custody agreement. If you want to clear up any uncertainties about how a judge is likely to rule when formalizing an informal child support or custody agreement, our experienced Arizona family law lawyers offer free consultations by phone. Residents of Phoenix can reach our office at 480-470-1504 and Tucson residents can reach us at 520-231-2822.

Penalties For Failure To Pay Child Support

There are strict penalties for failure- especially willful failure- to pay child support at both the state and federal levels. States cooperate with each other to enforce child support orders and ensure that parents don’t flee to other states to avoid their financial obligations to their children. Some of the penalties a parent can face for failure to make court-ordered child support payments include:

Wage garnishments
Interception of tax refunds and other one-time payments
Driver’s license suspension or revocation
Professional license suspension or revocation
Placing a lien or attachment on the parent’s property
Bank account freezes
Passport restrictions
Credit score damage
Contempt of court charges, which can be accompanied by fines and jail time

How To Report a Parent Who Is Refusing Visitation

Clearly, the answer to one parent withholding visitation is not in turn to withhold child support payments. Custody disputes and child support disputes must be addressed separately. If your ex is refusing to comply with the parenting plan, you should document every instance of non-compliance and, whenever possible, get your ex to confirm their refusal in writing or on a voice recording. This can be used as evidence in a Petition to Enforce or a Petition for Contempt. These can both be used to enforce a child visitation schedule in an Arizona custody case. When a hearing is held on the matter, the parent will need to provide clear and convincing evidence that the custody orders need to be enforced. For more information about crafting a persuasive argument for your Arizona custody dispute, call 480-470-1504 for your free consultation with our firm.

Denial Of Paternity

Your ex’s strategy to keep you away from your child may be to deny that you are the father altogether. You can’t be pursued for child support if the mother is also denying your paternity of the child, but it also means you have no right to spend time and communicate with your child. It also means the loss of decision-making authority for issues like education, religious tutelage, extracurricular activities, travel, and more. But a father can establish a presumption of paternity, which can be rebutted, in four ways as per A.R.S. § 25-814:

Being legally married to the child’s mother 10 months before the birth or if the child is born within 10 months of the parents’ separation;
Getting a DNA test with results indicating at least a 95% probability of paternity;
Signing the birth certificate, along with the child’s mother, if the child is born out of wedlock; and,
Signing a notarized or witnessed statement, along with the child’s mother, acknowledging paternity.

If your child’s mother doesn’t want to cooperate to establish the paternity of your child, you are most likely going to need to proceed with genetic testing. Once paternity has been established, the father can begin his legal relationship with the child. This can allow the father and child to claim each other for Social Security benefits, survivor’s benefits, and other government programs. Once paternity has been established, the father can include his child on his health insurance policy, and will aid in determining medical history if it ever becomes relevant. It also comes with emotional benefits, like a sense of belonging for both the father and child. Do you need more help establishing paternity of your child in Phoenix or Tucson, Arizona? call 480-470-1504 to schedule your free consultation with our firm.

Frequently Asked Questions

Should I call the police if my ex is denying my visitation?

While parenting plan violations should be taken seriously, it probably isn’t a good idea to call the police the first time your ex is 5 minutes late to a custody exchange. However, it can be beneficial to create an official record of a serious violation. Law enforcement should also be notified if you believe your child has been removed from the state (or country) in violation of your custody plan.

Should I go pick up my child from school if my ex is denying visitation?

Your child’s school should be provided with a copy of your custody orders or a schedule of when each parent will be picking up the child from school. It is best to comply with the terms of the orders to avoid causing a scene in front of your child and their peers. But that may matter less if it is an emergency situation- review the details with an Arizona custody attorney before acting outside the guidelines of your parenting plan.

Do I have to establish paternity if I am on the child’s birth certificate?

Not unless someone has rebutted your presumption of paternity. When this happens, it is usually done through a DNA test. Otherwise, you are legally considered the child’s father if you are listed as such on the birth certificate.

Should I consider supervised visitation if my ex is refusing to comply with the parenting orders?

Supervised visitation creates an unfortunate implication that you did something wrong. You may also find it stifling to have a third party present any time you are visiting with your child. It also increases the costs of maintaining your custody plan. You may want to consider supervised custody exchanges instead.

What is a supervised custody exchange?

Instead of supervising your entire visit with your child like in supervised visitation, a neutral third party observes you picking up and dropping off your child with your ex to maintain civility and promote positive parenting styles. This can be useful if you and your ex are prone to drama and arguments during custody exchanges. It also creates a record of whenever you ex is late, doesn’t show up, or otherwise refuses to comply with your parenting plan.

Should I hire a lawyer if my ex is denying my visitation?

You should hire a lawyer any time your legal interests are at stake, and a child custody case is no exception. A skilled lawyer can help you make your points clear and strategically use evidence to get the judge to see your side. The court is not required to provide litigants with public lawyers like in criminal matters, and you will automatically be at a disadvantage if your ex has retained a lawyer and you have not. If you are unsure, you can consult with family law attorneys to see what kind of ideas they have about your case to decide if it is worth the expense.

Skilled Family Law Attorneys For Sensitive Child Custody Issues

Hiring a quality family law attorney for your child support and custody issues can make all the difference in achieving a resolution that works best for your family. Our staff and attorneys are patient and understanding when it comes to our clients’ situations and fully prepared to negotiate a favorable agreement or take a case to trial, if necessary. You don’t have to hire our firm without plenty of free information about your case and Arizona family law. We offer free consultations by phone for family law matters arising out of Phoenix and Tucson. For more information, call 480-470-1504 for Phoenix and 520-231-2822 for Tucson. Don’t hesitate to contact us!