Question: If a father is behind (3 years) on child support, can visitation be postponed until father becomes current? Is not child support calculated in the best interest of the children?
Patrick’s answer: Absolutely not! You can not withhold the children from the father due to non-payment of child support. To do so could cause you serious consequences. Child Support has nothing whatsoever to do with Parenting Time. (Visitation) Child support is not calculated in the best interest of children. Child support is based on the premise that both parents have an obligation to support their children based on their circumstances. If father is 3 years behind on his child support obligation, then you are three years behind on enforcing the child support through the courts.
In Maricopa County, we have a great program called Accountability Court. Once you file an enforcement action, the matter is transferred to Accountability Court, where father will be required to continue to return, month after month to review if he has paid what he has been ordered to pay (current support plus arrearage amount) and if he defaults he is jailed. You will not be required to return every 30-60 days, but he will. Great Program! What are you waiting for?! Good luck! Patrick Sampair The Sampair Group, PLLC 623.218.1000 480.636.1333 IF YOU FOUND THIS ANSWER “HELPFUL” or “THE BEST ANSWER,” PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.
Patrick Sampair routinely answers questions on Avvo.com, regarding child custody laws, divorce laws, and family law.