If my child’s father has not paid child support in 1 1/2 years, can I keep him from seeing her until he pays support again?

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If my child’s father has not paid child support in 1 1/2 years, can I keep him from seeing her until he pays support again?

Biological father has not paid child support in over 1 1/2 years. I am in UT; he is in NV. I will not meet him halfway anymore due to him not paying child support because of the cost of gas. I can’t afford it without his child support help. Do I have any ground to stand on in that case? He works but is under the table so I can’t really take him to court over the issue. We were never married, he isn’t on her birth certificate, but he did have a paternity test. I allow him to drive here an see her but I won’t drive her halfway until he pays support again.

Asked on January 31, 2011 under Family Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, you have 2 different issues here - child support payments and visitation.  And that's how a court will treat them.  One has nothing to do with the other (from a legal standpoint).  If you are not being paid child support you'll have to take your child's father to court.  Granted, since he's being paid under the table that will make thing difficult but not impossible (courts can and do deal with this situation regularly). 

As for visitation, unless the court changes its visitation order you must comply with it or be held in contempt (fines and possible jail).  This could also affect custody.  So don't deny his visitation.  However, if the visitation order does not say that you have to meet him halfway then you do not.  Therefore if he wants to visit your daughter he'll have to make the whole trip.


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