Nonpayment of child support is a very significant issue. It can have a drastic impact on your life and your child’s life. If your ex has been ordered to pay, they’re obligated to follow that court order. Even if they believe that the order needs to be modified—such as if they lose their job and can no longer afford the monthly payments—they need to make an effort to pay as much as possible until that modification has been carried out.
But despite this obligation, there is a chance that your ex could simply stop paying child support. It’s natural that this can lead to conflict, and you may be looking for ways to get them to pay because you need that money to cover the costs of raising your child. Could you tell them that you’re not going to exchange physical custody, meaning that they can’t see their child until they begin making payments again?
You cannot withhold custody
This may sound like an effective tactic, but you’re not allowed to do it on your own. You can’t withhold custody over the missed child support payments, as that would violate your ex’s rights. You would also be violating the standing child custody order. You must follow the child custody schedule.
There are potential reasons to withhold custody, but they are relatively rare and usually revolve around the child’s safety. For instance, perhaps you’re worried about parental abduction or abuse and neglect. Maybe your ex has problematic issues, such as a drug or alcohol habit that may make it unsafe for the child to ride in a car with them. In certain cases, you can withhold custody to keep your child safe, but you can’t do so over something like child support payments.
That said, there are options you can use to get the court to enforce the child support order and get your ex to pay. You just need to know what legal steps to take, rather than violating a custody order.