No. In New Jersey, child support and parenting time are separate legal issues and you cannot stop paying child support because the other parent blocks visitation. Many parents feel angry and frustrated when they miss scheduled time with their children. However, stopping support payments can create new legal problems and may lead to court enforcement actions.
Why does the court treat these issues separately?
According to precedent set by Martinetti v. Hickman, child support is a right that belongs to the child, not the other parent. Parenting time protects the relationship between a child and each parent.
Because these issues serve different purposes, one parent’s actions do not change the other parent’s support obligation. Even if the other parent violates a court order, you must continue making support payments unless the court approves a change.
What can you do if the other parent denies visitation?
Family courts have several tools available to address repeated violations of parenting time orders. If the other parent repeatedly ignores a court order, you can ask the court for help. You may be able to:
- File a motion to enforce the parenting plan
- Request make-up parenting time
- Ask the court to modify the custody arrangement
- Seek other remedies for ongoing violations
These options can help you protect your relationship with your child and enforce parenting time rights. Similar issues often arise in disputes involving child custody and parenting time.
Use the court system to resolve disputes
Do not stop child support payments without court approval. Doing so can lead to wage garnishment, license suspension and other penalties.
Court orders remain in effect until a judge modifies them. If parenting time problems continue, keep records of missed visits and save any messages or other communication with the other parent. These records may help support a request to enforce or modify an existing order. Addressing the issue through the court system can help protect your relationship with your child while keeping you in compliance with your support obligations as a noncustodial parent.