It’s a common misconception that if one parent fails to pay child support, the other parent has the right to deny visitation. In Alabama, child support and visitation are treated as separate legal matters. Understanding this distinction is essential to avoid legal complications and ensure the well-being of the child involved.
Child Support and Visitation: Separate Legal Issues
Under Alabama law, child support is a financial obligation, while visitation (or parenting time) is about maintaining a parent-child relationship. One does not depend on the other. Even if child support payments are missed, the non-custodial parent still has the legal right to see their child according to the court-ordered visitation schedule.
The courts prioritize the child’s best interests, emphasizing the importance of maintaining relationships with both parents. Denying visitation due to non-payment of child support can be seen as a violation of the court order, potentially resulting in legal consequences for the custodial parent.
What Happens When Child Support is Not Paid?
While non-payment of child support does not justify withholding visitation, there are legal remedies available to enforce child support obligations:
- Income Withholding: The court can order wage garnishment, where child support is deducted directly from the paying parent’s paycheck.
- Contempt of Court: If a parent willfully refuses to pay child support, they can be held in contempt of court, which may result in fines, penalties, or even jail time.
- Interception of Tax Refunds: The state can intercept federal and state tax refunds to cover unpaid child support.
- License Suspension: Failure to pay child support can lead to the suspension of the non-paying parent’s driver’s license, professional licenses, or recreational licenses.
- Liens and Seizure of Assets: The court can place a lien on the non-paying parent’s property or seize bank accounts to recover owed child support.
How to Address Non-Payment of Child Support
If child support is not being paid, the appropriate course of action is to seek enforcement through the court system, not to deny visitation. Here’s what you can do:
- File a Petition for Contempt: You can request the court to hold the non-paying parent in contempt for failing to meet their child support obligations.
- Contact the Alabama Department of Human Resources (DHR): DHR’s Child Support Enforcement Division can assist with collecting past-due child support.
- Seek Legal Advice: An experienced family law attorney can guide you through the enforcement process while ensuring that you remain compliant with visitation orders.
Putting the Child’s Best Interests First
While it’s understandably frustrating when child support goes unpaid, it’s important to remember that visitation is about the child’s relationship with their parent—not about financial obligations. The court’s primary concern is always the best interests of the child, which includes maintaining a healthy and consistent relationship with both parents.
