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Child Support and Visitation
Are child support and visitation linked to each other?
Can visitation rights be withheld for late child support
payments? Can support payments be lowered according to how
much time the kids spend with the non-custodial parent? These
may be a few of the questions you are facing if you have children
from a divorce. The article below explains why child support
and visitation are not dependent on each other.
Money Madness By Brette McWhorter Sember
For most divorced families, custody and visitation were set up simultaneously
with child support. Because these things all have to do with your child and
where he or she lives, they are intertwined in your mind. Somehow, you see them
all as part of a package. But these two things should not be seen as dependent
on each other or related.
The truth is that the time your child spends with both of you has nothing to
do with child support. Custody is only the preliminary factor in setting up
child support. The non-custodial parent must pay it to the custodial parent. But
beyond that, what happens with your parenting plan has no impact on child
support.
Child support and visitation are not tied together
Many parents believe that child support should somehow be adjusted to account
for time the child spends with the non-custodial parent. After all, they reason,
when the child is with that parent, he or she is in charge of meeting the
child's needs and if the non-custodial parent has the child for an entire week
in the summer, there shouldn't be any child support being paid for that week.
Wrong! It doesn't matter if the non-custodial parent spends one day a week or 7
days a week with the child, child support is not affected.
Child support is a set amount that only fluctuates when it is increased or
decreased by court order. The amount of time each of you spends with your child
does not affect it, unless you have a complete change in custody, or go to a
shared parenting plan where you each have equal time with your child.
The way you share medical, educational, and other expenses also does not
change based on your parenting schedule, and if you are the one that takes your
child to the doctor and the other parent is the one who is responsible for
medical costs, he or she should reimburse you for the expense.
Visitation cannot be denied is support isn't paid
Another important point to remember is that a custodial parent can't refuse
or cut back on visitation if child support hasn't been paid. Sometimes custodial
parents feel as if this is an effective way of getting the other parent to pay.
It can definitely feel unfair to watch the other parent get to be the fun parent
in your child's eyes while he or she continues to shirk financial
responsibilities.
It can be tempting to use visitation time as a weapon since
you know it is something that is important to the other parent and is something
that you can easily control. But your child needs time with the other parent as
well as financial support from him or her. Stopping one to get the other isn't
fair to your child. Nonpayment of child support has to be dealt with through the
courts and even if the other parent is a complete deadbeat in terms of financial
support, he or she still has an important role in your child's life and should
not be prevented from filling it.
It can be hard to keep parenting issues and money matters separate, but doing
so will allow you to prevent financial problems from interfering with your
relationships with your child.
Copyright 2005 by Brette McWhorter Sember, a retired
family attorney and mediator and nationally known expert about
divorce and parenting after divorce. She is the author of The
Visitation Handbook: Your Complete Guide to Parenting Apart,
The Divorce Organizer and Planner, and many other titles.
To help you keep track of the child support and visitation frequency, you
might consider using software such as the Custody
Toolbox. It makes it easy to keep track of and organize all the
important information concerning your children.
Also, if you're having problems collecting child support, and the child
support enforcement agency isn't getting any results, you might
consider using a support collection agency. Most
don't charge an initial fee, instead they collect a percentage of the support
that is actually paid. The following articles can give you more insight into the issues
of child support and visitation: