When you’re being unfairly denied visitation with your children, the frustration can be overwhelming. You may wonder if withholding child support is your only way to gain leverage. However, refusing to pay child support can backfire legally, making a difficult situation even worse.
In Texas, child custody and child support are two separate legal matters. Even if your ex is violating a custody order by refusing to let you see your kids, failing to make child support payments will not help your case. In fact, it could harm your efforts to establish or enforce your visitation rights.
If you’re dealing with a situation where your ex is keeping you away from your children, it’s essential to understand your legal options. At Daniel Ogbeide Law, we help parents facing unfair custody challenges navigate the legal system to protect their rights.
In this blog, we’ll explain how to enforce your visitation rights and why withholding child support can make things worse. We’ll also discuss when child support modification may be an option if your financial situation has changed.
Why You Shouldn’t Stop Paying Child Support
It’s natural to feel tempted to stop paying child support when your ex refuses to let you see your children. Unfortunately, this approach can lead to severe legal consequences. Texas courts treat child support as a financial obligation separate from visitation rights.
If you fail to pay child support, you could face:
- Wage garnishment
- License suspension (driver’s license, professional licenses)
- Bank account seizure
- Contempt of court charges, which could result in fines or even jail time
Stopping child support payments is not the solution. Instead, the focus should be on enforcing your visitation rights through the proper legal channels.
Enforcing Your Visitation Rights
If your ex is preventing you from seeing your children, you have legal options to address the situation. Texas courts recognize the importance of maintaining strong parent-child relationships. Here’s what you can do:
- Document the Denial of Visitation:Keep detailed records of every time your ex denies you visitation. Note the date, time, and any communication you’ve had on the matter.
- File a Motion to Enforce Visitation:You can ask the court to enforce the existing custody order. If the court determines your ex is intentionally violating the order, they can impose penalties such as fines or even modify the custody arrangement.
- Seek Mediation:In some cases, mediation can help resolve visitation disputes without escalating the matter in court.
- Request a Custody Modification:If your ex’s behavior persists, you may be able to seek a modification of the custody order to protect your rights and ensure consistent visitation.
The Role of Family Court Lawyers in Houston, TX
When visitation rights are being violated, you don’t have to face the battle alone. Family court lawyers in Houston, TX, can help you gather evidence, file motions, and represent you in court to ensure your rights are protected. The legal process can be complicated, but having skilled attorneys by your side can make all the difference.
Can You Modify Child Support if Visitation is Denied?
If your financial situation has changed significantly since the child support order was established, you may be eligible for a child support modification. However, even if you qualify for a modification, it does not grant you the right to stop payments altogether.
To pursue a child support modification in Houston, you’ll need to:
- Prove a substantial change in your financial circumstances, such as job loss or a drastic reduction in income.
- File a petition for modification with the court.
- Provide evidence supporting your claim.
Keep in mind, modifying child support will not impact your visitation rights. They remain two separate legal issues.
What To Do Instead of Withholding Child Support
Rather than refusing to pay child support, focus on protecting your visitation rights by:
- Hiring experienced family law and litigation attorneys in Houston to guide you through the legal process.
- Filing appropriate motions with the court to enforce your rights.
- Keeping detailed records of any violations of your custody order.
Ignoring your child support obligations will only hurt your case. The best course of action is to address the visitation denial through legal avenues while continuing to meet your financial responsibilities.
How Daniel Ogbeide Law Can Help
Are you tired of being unfairly denied time with your children? At Daniel Ogbeide Law, we understand how deeply frustrating and heartbreaking this situation can be. Our dedicated family law attorneys in Houston are here to help you protect your visitation rights and guide you through the legal process with compassion and expertise. We’ll work tirelessly to ensure your voice is heard and your relationship with your children is preserved.
If you’re dealing with child support or custody issues, contact Daniel Ogbeide Law at 832-321-7005 today. Let us help you regain control of your parental rights and achieve a fair resolution.