WATCH: If a child support recipient withholds visitation can the payor stop paying?

Erin Durnell answers:

Child support and parenting time are not mutually exclusive. In other words, if a parent with an obligation to pay child support fails to do so, the other parent may not withhold parenting time. Likewise, if a parent is entitled to parenting time but is not permitted to see the child, the parent may not withhold support payments. Failure to pay child support as ordered and failure to permit parenting time when ordered are punishable by contempt, which means that not only could the offending parent have to pay attorney fees for the other parent, but he or she could also be ordered to spend some time in the local jail. It is very important that parents follow court orders related to parenting time and child support.

Erin Maybee Durnell focused her practice on all aspects of Indiana family law. In 2022, Erin (Durnell) Weaver has been selected to serve as a Magistrate in our Hamilton County courts.