Dealing with child custody and support is never easy: after all, this often involves complex emotions and disputes where neither party is willing to budge. For example, one of the most common types of conflicts involves a parent who refuses to pay his or her court-mandated child support.
Which brings us to our main point of this post: when someone refuses to pay their fair share, can their visitation or custody rights be impacted? And can this motion be brought upon by the wronged parent? The answer, as is often the case with CA law, is that it depends on the specifics of your case.
Parental Rights and Child Support: Two Separate Issues
Under CA law, a parent’s rights to be involved in his/her child’s life and his/her obligation to pay child support are two separate issues. Thus, a non-paying parent will generally not have his or her custody rights stripped due to lack of payment.
That said, the other parent can still pursue legal action and take the neglectful parent to court over missed child support payments
Child Support Enforcement in California
Failing to pay child support is a direct and clear violation of a legal order. This is taken seriously by the courts because this can negatively impact the child and prevent him/her from having all essential needs fulfilled.
Lack of payment is addressed via penalties such as wage garnishment, property liens, interception of one’s tax refund, the potential to lose occupational licenses, and more. Generally speaking, visitation rights and custody rights are not impacted. A parent who had his or her visitation/custody rights denied could potentially take legal action against the other parent.
Learn More By Reaching Out to a Qualified Legal Expert
Child custody and support disputes are complex legal conflicts. They require the assistance of a qualified hand, someone well-versed in working with family law in CA.
Learn more about this topic by connecting with us at the Law Offices of James P. White. Call us today at 925-271-0999 to schedule a free initial consultation with one of our experienced divorce attorneys.