subject: Can I deny visitation for failure to pay child support? Rhode Island Family Law Issue [print this page] Can I deny visitation for failure to pay child support? Rhode Island Family Law Issue
NO.
Failure to pay Child Support in Rhode Island is not an excuse to cancel or deny a parent visitation in Rhode Island (RI).
I repeat. Nonpayment of child supportor contempt for failure to pay child support is not a justification to deny your ex-girlfriend / ex-boyfriend or ex-husband or ex-wife a visit with your child. It makes no difference whether you share joint custody or whether you have sole custody of your child. All Rhode Island Family Court Judges and Magistratesbelieve that it is not appropriate to punish the child by denying visitation merely because a person is not supporting the child.
If a person is behind on child support or has failed to pay child support for the child then he / she must file amotion for contempt for failure to pay child support.
If you deny visits because your ex is a "deadbeat" or is in noncompliance with a child support order then you could be held in contempt for failure to comply with a visitation order. If you arerepeatedly found in contempt of a child visitation order in Rhode Island then you could lose custody / placement of your children.
If you are unhappy with the visitation order or want to modify visitation then you must file a motion to modify visitation. It is not appropriate to use failure to pay child support as a justification tounilaterallyimpose a different visitation schedule then the court order.
If you are unable to pay your child support and there has been a substantial change in cicumstances then you must file a Motion to Modify Child Support or a Motion to suspend your child support rather than unilaterally stop paying child support
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