Do I Have to Pay Child Support if I’m Not Getting Visitation?

Let me describe a scene.

You pay your child support every month like clockwork. You always take your parent-time (i.e., visitation) with your son. Then, you get a new girlfriend. Your ex doesn’t like her at all and says she won’t have her son around the new girl. So, she doesn’t allow you visits anymore.

This sort of thing happens more than you think. Things go well in Utah divorce and child custody situations — until they don’t. And when they go bad, they usually go bad hard.

So, how do you deal with it? Your first thought may be to stop paying child support. Makes sense, right? You don’t get to see your son, so why should you have to pay?

Yeah, not a good idea. Let me explain why.

First, the legal.

Child support and visitation are two unrelated things in the law. This means if someone doesn’t pay child support, you can’t keep them from parent-time. It also means if someone withholds parent-time, you still owe child support. Legally, one does not depend on the other.

And if you stop paying child support, you are in contempt and the Court will sanction you for your contempt. Sanctions usually include paying attorney fees, and can include jail time. Not good.

Second, the practical.

  1. Children need child support.

Child support never actually covers half the cost of raising a child. Taking away child support usually means there is a severe shortage of funds, which hurts kids first and worst.

  1. You would be using your son as a pawn in a battle between you and your ex.

That’s not fair or good for your son, and it will damage him.

  1. You don’t want to screw up things when you file to hold your ex in contempt for refusing your parent-time.

The way you should handle things is to file for contempt of court. (This assumes you have a Utah divorce decree or Utah order of paternity. If you don’t have one of those, then it’s time to start the process.) You’ll be on firm footing. I can guarantee you, however, if you stop paying child support, it will make things much more difficult. The judge won’t like that you stopped paying, and your ex will probably file for contempt against you because you haven’t paid child support.

  1. It leads to an ever-escalating fight.

If you refuse to pay child support, your ex will find new and creative ways to make your life hell. You’ll then retaliate, and so will your ex. It will keep getting worse and worse. Break the cycle.

Please, pay your child support, no matter what

Don’t stop paying child support. There are other, much more productive, ways to address the problem of not getting your parent-time. Choose the higher ground; you’ll be glad you did.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 969 reviews
David and Dani were very helpful and made my case as stress free as possible.
Great Team. Efficient and smooth process. Excellent communication. Thank you David Hunt.
I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.
Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
Alija
Loved working with Daniel and the whole team. Great service.
Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.
Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories