Child Support and Visitation in Maryland: Can I Withhold Visitation if My Ex Isn't Paying?
Divorce can be a tumultuous experience, filled with complex emotions and financial challenges. Child custody and support often become central issues, particularly when one parent falls behind on their financial obligations. A common question among parents is whether they can withhold visitation to pressure their ex-spouse into making child support payments. However, Maryland law clearly outlines the relationship between these two matters, prioritizing the child's well-being above all else.
Understanding Child Support and Visitation in Maryland
Maryland courts prioritize the well-being of children. This means they treat child support and visitation as distinct matters.
Child Support: This is a court-ordered financial obligation to help provide for a child's basic needs, including housing, food, clothing, medical care, and education.
Visitation: This refers to the non-custodial parent's scheduled time to spend with the child.
Can I Withhold Visitation for Non-Payment of Child Support?
The short answer is no. Maryland law prohibits withholding visitation in retaliation for missed child support payments. Even if your ex is behind, you are still legally obligated to uphold the court-ordered visitation schedule.
Here's why:
Maintaining a Relationship Between Parent and Child: Denying visitation disrupts the child's relationship with the non-custodial parent, which can be detrimental to the child's emotional well-being.
Non-Monetary Support: Visitation allows the non-custodial parent to provide love, guidance, and emotional support that is just as important as financial contributions.
Avoid making the mistake of not following a court-ordered custody arrangement. Remember, two wrongs don’t make a right, and this could make it more difficult to enforce your child support order.
What Can You Do If You Aren’t Getting Court-Ordered Child Support?
While you can't withhold visitation, there are steps you can take to enforce child support orders:
Contact the Maryland Child Support Administration (CSA): The Maryland CSA can help you collect past-due child support payments. They have various tools available, including wage garnishments, liens on property, and even driver's license suspension.
File a Motion to Modify Child Support: If your ex's financial situation has changed significantly, you can petition the court to modify the child support amount.
Seek Legal Counsel: An experienced Maryland divorce attorney can guide you through the child support enforcement process and ensure your rights are protected.
The Importance of Consistent Visitation
Beyond the legal implications, consistent visitation is crucial for a child's emotional health and development. Maintaining a strong bond with both parents is essential for a child's well-being. While it can be frustrating to deal with a non-compliant ex, it's important to prioritize your child's needs and maintain the visitation schedule.
By understanding the legal framework and available resources, you can effectively address child support issues without jeopardizing your child's relationship with the other parent. Remember, seeking professional legal advice can provide valuable guidance and support throughout this challenging process.
Maryland Divorce Attorney
If you're facing issues with child support or visitation in Maryland, particularly in Frederick, Montgomery, Howard, or Anne Arundel Counties, consulting with a local child support attorney is crucial. They can advise you on the best course of action based on your specific circumstances and help navigate the legal complexities of child support enforcement.
Remember, your Maryland divorce attorney can also help you with other aspects of your divorce case, including:
Child custody arrangements
Division of marital assets and debts
Spousal support
Protecting your child's well-being and ensuring financial stability are top priorities during and after a divorce. Contact David John Marquardt today for a case analysis so you can find solutions to your child support problem in Maryland. We provide family law services to clients throughout the Maryland area, including Frederick, Howard, Montgomery, and Anne Arundel Counties.