Child support and custody are often two of the most emotional and contentious parts of any family law case. When one parent fails to follow through on support obligations, the other may feel justified in limiting access to the child. However, Pennsylvania law treats these issues separately, so you cannot refuse to allow visitation even if child support hasn’t been paid. For more information on your legal rights and options during this time, work with a skilled York County, PA child custody attorney today.
What is Visitation?
In Pennsylvania family law, visitation, sometimes called parenting time, refers to a parent’s right and responsibility to maintain a meaningful and consistent relationship with their child.
Parenting time is the schedule and manner in which a parent who does not have primary physical custody spends time with the child. It is a legally binding arrangement, detailed in a court document, that outlines the frequency, duration, rules, and logistics of time spent together, like pick-up and drop-off guidelines. The court prioritizes the child’s right to regular contact with both parents. The arrangement may be scheduled, supervised, or unsupervised, always based on the child’s best interests.
Can I Refuse to Allow Visitation if Child Support Hasn’t Been Paid in PA?
No, you cannot withhold parenting time solely because the co-parent is failing to meet their child support obligations. Pennsylvania courts treat parenting time and child support as two entirely separate legal matters.
Parenting time is legally viewed as the child’s right to maintain a meaningful and consistent relationship with both parents, and it is not contingent upon financial compliance. A custodial parent who refuses to follow a court-ordered parenting time schedule, even due to unpaid support, risks being found in contempt of court, which can result in fines, make-up custody time, or a modification of the custody order.
How Can I Enforce the Child Support Order in PA?
If the other parent is not paying court-ordered child support in Pennsylvania, you have several legal options to enforce the order. Child support enforcement is handled through the Domestic Relations Section (DRS) of your local county court, which is responsible for collecting and distributing payments
You can contact your county’s Domestic Relations Section to report missed payments or ongoing non-compliance. The DRS can initiate enforcement actions on your behalf, often without requiring you to file a separate motion. In some cases, you may also file a petition for contempt of court if the other parent is willfully failing to pay.
The court and DRS have several methods to collect unpaid child support, including:
- Wage garnishment
- Intercepting tax refunds
- Driver’s, professional, and recreational license suspensions
- Bank account seizures
- Credit reporting
- Liens on property
- Passport denial
If child support payments have stopped or become inconsistent, avoid taking actions that could violate a court order. Reach out to a skilled attorney for assistance.
