One parent refusing to allow visitation does not give the other parent permission to stop paying child support. These are two separate legal obligations in Kansas, and courts treat them as independent issues. If your ex is blocking your time with the kids, you still owe the court-ordered support amount.
Why Support And Visitation Are Separate Issues
Kansas law views child support as the child’s right to financial stability. Visitation, or parenting time, is about the child’s right to maintain relationships with both parents. Courts will not allow one parent to use the child’s financial support as leverage in a custody dispute. Withholding support payments because you cannot see your children creates several problems:
- You accumulate child support debt that accrues interest
- The state can suspend your driver’s license or professional licenses
- Your wages may be garnished
- You could face contempt of court charges
- Tax refunds can be intercepted
- Credit scores suffer from unpaid obligations
What You Can Do When Visitation Is Blocked
If your former spouse denies you access to your children, you have legal remedies available. The Law Office of Daniel E. Stuart, P.A. has helped parents address these situations through proper court channels.
File A Motion For Contempt
When a parent violates a court-ordered parenting plan, you can file a motion asking the judge to enforce the order. Courts take these violations seriously. Consequences for the violating parent may include makeup parenting time, modification of custody arrangements, or even changes to the primary residential parent designation.
Request A Modification
If circumstances have changed significantly since the original custody order, you may petition for modification. This process requires showing material changes that affect the child’s best interests. A Kansas City child support lawyer can help you understand whether your situation qualifies for modification.
Document Everything
Keep detailed records of every denied visit. Save text messages, emails, and voicemails showing your attempts to exercise parenting time. Note dates, times, and what happened. This documentation becomes evidence if you need to take action in court.
Common Misconceptions About Support Obligations
Some parents believe that if they are not allowed to see their children, they should not have to pay. This is incorrect under Kansas law. Child support calculations are based on income, parenting time percentage, and the number of children. The obligation continues regardless of visitation interference. Others think they can reduce their payments on their own. Only a judge can modify child support amounts. Making unilateral changes to payment amounts, even with good intentions, puts you in violation of the court order.
How Courts Handle These Situations
Judges recognize that both issues need resolution. They will not dismiss your support obligation because of visitation problems, but they will address the visitation violations separately. Many parents pursue both issues simultaneously, continuing support payments while filing motions to enforce parenting time. The court may order makeup time for missed visits. In serious cases where one parent repeatedly interferes with the other’s parenting time, judges may modify custody arrangements or reduce the interfering parent’s time with the children.
Getting Legal Help
These situations require careful handling. A Kansas City child support lawyer can file the proper motions, represent you at hearings, and work toward a resolution that protects your relationship with your children while keeping you compliant with support obligations. The right approach involves taking legal action through the courts rather than self-help remedies like withholding payments. This protects your parental rights while demonstrating to the judge that you respect court orders and prioritize your children’s needs. Contact our firm to discuss your specific circumstances and available options.