When a co-parent falls behind on court-ordered child support, it is easy to get frustrated. The receiving parent might feel it’s unfair for the other parent to keep spending time with their child when they’re not meeting their financial obligations. However, Florida law treats child support and timesharing as two separate issues. A parent can’t just deny the other parent their scheduled time with their child because they owe support.
According to Florida Statute § 61.13(4)(a), even if a co-parent isn’t paying support, the other parent still has to follow the parenting plan.
Why Does Florida Separate Child Support and Timesharing?
Child support exists to help cover your child’s needs and expenses. Timesharing spells out when each parent gets to spend time with their child, based on your court-approved parenting plan.
Because these obligations are separate, a parent’s failure to pay support does not automatically eliminate their timesharing rights. Likewise, a parent generally cannot stop paying child support because the other parent has interfered with scheduled timesharing. Florida law requires both parents to continue complying with their respective court orders.
Both parents have to stick to their court order until a judge changes it. If a parent decides to deny timesharing to the other parent without the court’s permission, they could face some serious consequences. The judge could award the other parent make-up time, order the noncompliant parent to pay attorney’s fees, require a parenting class or community service, or even change the parenting plan. The noncompliant parent might even be found in contempt of court.
What Can You Do if Child Support is Not Paid?
If the other parent is not paying court-ordered support, you have options. The best step is to use child support enforcement, not withhold your child. Florida law gives you tools to collect unpaid support. You can ask the court for help, pursue wage garnishment, file liens, go after certain financial accounts, report the delinquency to credit bureaus, or seek to have a driver’s license or professional license suspended. Florida’s Child Support Program can also pursue enforcement.
In some cases, if a parent owes past-due support, the court may let them set up a payment agreement. However, that does not erase the overdue balance or change the amount they owe.
If your ex’s circumstances have genuinely changed and they cannot afford the payment, they need to go back to court and ask for a modification. Unless and until a judge approves a change, the original amount still stands.
What if You are Being Denied Timesharing?
The same principle applies in reverse. Florida law requires you to continue honoring your child support order, even if you are being wrongfully denied time with your child. Instead of withholding support, go to court. You can ask the judge to enforce your parenting plan, award you extra time, and penalize the other parent if needed.
In summary, unpaid child support does not justify denying timesharing, and denied timesharing does not excuse unpaid support. Florida requires both parents to use legal channels to resolve disputes.
Contact Us for Legal Help
If you are dealing with unpaid child support or timesharing interference, our Florida family law attorneys at Tampa Bay Legal Center, P.A. can help. Contact us today to discuss your situation, understand your legal options, and take appropriate steps to enforce your rights under Florida law.
