No. In New York, child support and parenting time are treated as separate legal issues. A parent usually cannot refuse court-ordered visitation just because the other parent is behind on child support payments.
Family Courts in Orange County and Sullivan County expect both parents to follow existing court orders unless a judge changes them. That means a parent who is not receiving support generally must still comply with the visitation schedule. At the same time, the parent who is missing payments can still face serious consequences for violating a child support order.
Many parents understandably feel frustrated when they are covering expenses alone. But withholding visits can create legal problems. A judge in places like the Orange County Family Court or Sullivan County Family Court may view denied visitation as a violation of the custody or parenting agreement.
There are exceptions. If you believe your child is in danger because of abuse, neglect, substance abuse, unsafe living conditions, or domestic violence, you should act quickly and speak with a New York family law attorney. In some situations, emergency court applications can be filed to temporarily change parenting time.
If child support is not being paid, enforcement options may include:
- Filing a support violation petition
- Wage garnishment
- Suspension of licenses
- Tax refund interception
- Money judgments
The safer approach is usually to enforce support through Family Court rather than stopping visits on your own. A local attorney familiar with Family Court procedures in the Hudson Valley can help you decide the best next step for your situation.