When Florida parents share custody, they are subject to a time-sharing order. That order outlines how the parents divide overnight time with their children.
Depending on the breakdown of parenting time and the income of both parents, as well as the unique needs of the children, the courts determine how much child support is appropriate. Parents who share custody in Florida have an obligation to uphold the time-sharing order and also to fulfill any child support obligations imposed on them by the courts.
Can one parent refuse to give the other time with their shared children if there has been a disruption in child support payments?
Support and time-sharing are separate issues
Regardless of whether or not a parent has fulfilled their financial responsibilities to their children, they still have the right to spend time with their children in accordance with the court-approved custody order. A parent frustrated by a lack of financial support does not have the unilateral authority to diminish the other parent’s time with the children or deny them access to the children.
When one parent falls behind on their support obligations, the other can initiate enforcement actions. However, a parent denied time with their children can also request enforcement actions from the court. If one parent refuses to let the other spend time with the children due to child support arrears, the parent denied time could ask the courts to enforce the custody order.
Although time-sharing arrangements do influence the amount of support ordered, withholding visitation or parenting time is not an appropriate response to child support arrears. Discussing child support issues with a family law attorney can help parents take appropriate enforcement actions that do not endanger their parental rights.