Many people in Salt Lake City incorrectly believe that child support and parent-time are two interchangeable parts of one agreement. The logic often goes: “If I am not receiving the financial support required by the court, I do not have to allow the parent to see the child.”
This belief leads many to take actions that ultimately violate the court’s official custody order, potentially exposing them to legal repercussions.
The fact: The issues are legally separate
Child support and parenting time are separate and independent legal obligations. A court-ordered decree of divorce or custody order establishes two distinct duties in Utah. The duty to pay support, which is designed to meet the child’s financial needs, and the duty to permit parent-time, which is based on the child’s right to maintain a relationship with both parents. The law requires compliance with both.
In the eyes of Utah courts, one parent’s failure to meet a financial obligation does not justify the other parent’s failure to meet a custody obligation. The law explicitly prohibits withholding parent-time or child support due to the other parent’s non-compliance. Withholding time forces the child to suffer for a dispute between the adults, which is a major factor judges consider.
Why self-help measures can backfire
Attempting to enforce child support by denying visitation is a form of “self-help” that can significantly backfire. A parent who wrongfully withholds parent-time may face a motion for contempt of court.
The failure to follow the court order can lead to several penalties:
- The court must order a minimum of 10 hours of compensatory service and mandatory education to the parent who wrongfully denied time.
- The judge can require the non-compliant parent to pay the other party’s attorney fees and court costs.
- In serious situations, particularly where the denial is willful and repeated, this non-compliant behavior can be viewed as evidence that the current arrangement is not working. Such a finding could justify the court in reviewing and potentially modifying the custody arrangement if the change is determined to be in the child’s best interest.
Successfully navigating a family law matter depends on understanding which legal enforcement tools are available and effective. If you are struggling to enforce a support order, an attorney can guide you through the proper court procedures.