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Few situations are more frustrating than being denied time with your children while still being expected to pay child support. The answer, however, is generally no. In Florida, you cannot stop paying child support because the other parent is refusing to honor your court-ordered parenting time. Child support and timesharing are treated as separate legal issues, and failing to pay support can lead to serious legal consequences even if the other parent is violating the parenting plan.
While withholding child support may seem like a fair response, Florida law provides different legal remedies for enforcing your parenting rights. Taking the proper legal steps can help protect your relationship with your children while avoiding additional problems.
Why Doesn’t Denied Visitation End Child Support?
Florida law views child support as a right that belongs to the child, not the other parent. The money is intended to help provide for your child’s housing, food, clothing, education, and other everyday needs.
For that reason, one parent’s failure to comply with a timesharing order does not cancel the other parent’s responsibility to pay child support. Likewise, a parent generally cannot deny court-ordered timesharing simply because child support has not been paid.
This principle is reflected in Florida Statute § 61.13(4), which treats child support and timesharing as separate legal obligations. Parents are generally expected to comply with both court orders, even if the other parent is not.
If your ex refuses to follow the court’s parenting schedule, you should continue making child support payments while pursuing legal remedies to enforce your parental rights.
What Happens If You Stop Paying Child Support?
Stopping child support payments without a court order can create additional legal problems and may weaken your position if you later ask the court to enforce your parenting rights.
Possible consequences include:
- Accumulating child support arrears
- Wage garnishment
- Suspension of your driver’s license or professional license
- Tax refund interception
- Contempt of court proceedings
- Additional fines or penalties
Even if the other parent is clearly violating the parenting plan, the court generally expects you to continue complying with your support order unless it is formally modified.
What Should You Do If Your Ex Is Denying Parenting Time?
If your ex repeatedly refuses to follow the parenting schedule, you may be able to ask the court to enforce the existing parenting plan.
Depending on the circumstances, the court may:
- Order makeup parenting time
- Hold the other parent in contempt
- Require parenting classes or counseling
- Award certain attorney’s fees or costs
- Modify the parenting plan if repeated violations show the current arrangement is no longer appropriate
Keeping detailed records of missed visits, communications, and other evidence can strengthen your request for enforcement.
Can Child Support Ever Be Modified?
Yes, but only through the court.
If your financial circumstances have changed, such as losing your job, experiencing a significant reduction in income, or another substantial change recognized under Florida law, you may be eligible to request a child support modification.
A modification is based on changes in financial circumstances, not because parenting time has been denied. Until the court approves a new support order, you generally remain responsible for paying the amount currently ordered.
What If There Is No Court Order Yet?
If you do not yet have a court-approved parenting plan or child support order, your situation may require different legal steps.
Without a court order, enforcing parenting time can be more difficult. We can help you determine your rights, establish an enforceable parenting plan, and pursue appropriate child support orders that reflect your family’s circumstances.
Take Action to Protect Your Parental Rights
Being denied time with your children can be one of the most difficult parts of a separation or divorce. While it may seem fair to stop paying child support, doing so can create additional legal and financial problems without resolving the parenting issue.
At Bernal-Mora & Nickolaou, we help parents enforce parenting plans, seek child support modifications when appropriate, and protect their relationships with their children. If your ex is refusing to follow your court order, contact us to discuss your options and the next steps available under Florida law.
