A common question after a divorce is, can parenting time be withheld if the other parent fails to pay child support? We have to remember that parenting time is essential to the child. It is not something you can easily deny from a child or your ex-partner.
Remember that the court always considers the best interest of the child. And most likely, not allowing parenting will hurt or harm your child. The family court will not allow this to happen. What the court see’s as good for the child’s growth is for the child to have enough time with both of his/her parents.
Parenting right is not based on the ability of a parent to successfully pay for child support. It means that even though the other parent is not able to comply with the needed child support, it should not affect the rights to see and spend time with the child. In fact in the law of Michigan, the payment of child support and the right to visitation are two separate issues.
Child Support and Custody Issues
If you are against the fact that the other party is not fulfilling their end of the bargain, the best thing you can do for this non-fulfillment of child support is to bring it to court. Of course, things could still be settled between the two parties without going to court. This is always the easiest, less hassle, and less expensive way to deal with the issue. You can talk with your ex-partner about child support payment and hopefully come up with something that benefits both parties. However, if this just results in more debate and issues, then let the court settle the issue. During this time, you would probably need the service of an experienced and dependable family attorney. The main goal is to enforce the child support agreement through legal means.
Parting Time and Child Support
Even if the other party has not been paying for support for several months, never try to deny parenting time. Doing so is not good for the child and additionally, it is against the law. Since parenting time was granted to the other party during your divorce case, you are required to follow the order. Knowingly violating this is punishable by law in Michigan where you could be jailed for up to 93 days or face a fine of up to $7,500. These are just some of the things you’ll need to face when you withheld parenting time. You could even end up paying for the expenses of the proceedings and the attorney fees of the other party when the issue of parenting time is brought to court. This only means that the court is very serious in looking out for the benefits of the child.
The proper way to deal with your ex-partner not paying child support is to go through the legal process. To get the best results, you need the help of a reliable family attorney. Give us a call now and we will assist you on the best way to deal with your issue. We work with parents that have all kinds of issues from how to decide the religion for your child to what to expect throughout the process. We can also talk about some tough subjects such as how custody is affected by Marijuana use.
At John Engman & Associates, P.C., our Michigan divorce attorneys will do everything in their power to help you through this difficult time To request a consultation with one of our Grand Rapids, MI drug lawyers, give our office a call at (616) 454-5222.