Along with concerns regarding how child support is used by the custodial parent, another reason commonly given by non-custodial parents to explain their non-compliance with child support orders is that they don’t have the custody or visitation rights they desire. Although this is a very common concern, shared by many non-custodial parents, if you are a non-custodial parent ordered to pay child support, you should know that your obligation to pay child support is in no way tied to your visitation or custody rights. Put another way, you may not withhold child support, even if your ex-spouse or co-parent is wrongfully withholding visitation or parenting time. In fact, there are certain circumstances where a non-custodial parent may be ordered to pay child support, even though no accompanying visitation or custodial rights are awarded.
This may seem unfair, but Georgia law regarding child support and child custody is primarily focused on the best interest of the child, not the best interest of the parent. Child support is fundamental to ensure the financial needs of a child are met, regardless of the parents’ custodial arrangement. Even though a non-custodial parent’s obligation to pay child support is not dependent on his or her ability to exercise parenting time or visitation, if you are a non-custodial parent who has been denied visitation of your child, or if you are seeking to win custody of your child or children, contact your Atlanta Divorce Team today at 678-879-9000 to discuss your options.