My Ex Isn’t Paying Child Support. Do I Have to Let Him/Her Visit the Children?

Yes.  Under the Texas Family Code, child support and visitation are considered separate issues.  Just as one parent is ordered to pay child support, the other parent is ordered to allow visitation.  And just as your ex could be held in contempt and jailed for failure to pay child support, you could be held in contempt and jailed for denying his or her court-ordered visitation rights.  The proper response to a violation of a court order, whether it’s for child support or visitation, is to consult with an attorney about filing a motion to enforce and for contempt.  If your ex is held in contempt, it is mandatory that the court award attorney fees so you might be reimbursed for at least some of your costs in bringing the action.



  1. Mike Flannery · · Reply

    Another question to ask about Child Support my current wife has a ex that hasn’t paid in month’s and she gets the run around from the support office, the question is the father hasn’t seen his now 16 year old daughter in 2 years, could she be held in contempt even though he hasn’t contacted her? a local lawyer we used in the past said all we have to do was make her avalible your thoughts?

    1. I agree with that lawyer. A contemptible offense would be actively preventing visitation. It’s not your wife’s fault the father hasn’t chosen to exercise his rights.

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