Do I Still Have to Pay Child Support If I Can’t See My Child?
One of the most common and frustrating situations we hear from clients is this:
“Why should I have to pay child support if the other parent won’t let me see my child?”
It’s an understandable question. As a parent, being denied time with your child is deeply painful. But in the eyes of the law—child support and visitation are two separate legal issues. And not understanding that distinction can get you into serious legal trouble.
At Fuentez Law PLLC, we’re here to explain your rights and help you protect them.
❓ The Short Answer: Yes, You Still Have to Pay
Under Texas law, child support is a court-ordered financial obligation. It is not dependent on whether or not you are able to exercise visitation or possession of your child.
Even if the other parent is refusing to let you see your child, you are still legally required to pay child support unless the court modifies or terminates that order.
⚖️ Why Are Child Support and Visitation Separate?
The court sees both of these issues as serving different rights and responsibilities:
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Child support is about the child’s right to financial support.
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Visitation or custody (possession and access) is about the parent’s right to maintain a relationship with the child.
Even if one parent violates the custody agreement, it does not give the other parent legal permission to violate the support order—and vice versa.
🚫 What NOT to Do: Withhold Payment
It might seem fair to stop paying support if you’re being denied access—but doing so can backfire quickly:
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You could be held in contempt of court
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You may face wage garnishment, license suspension, or even jail time
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It could negatively impact your custody case in the future
✅ What You CAN Do Instead
If you’re being denied access to your child, you have legal options:
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Document everything – Keep a record of denied visitations or communication attempts.
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File an enforcement motion – You can ask the court to enforce the visitation order.
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Request mediation – In some cases, a structured conversation can resolve the issue.
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Modify custody arrangements – If the denial is consistent or harmful, a modification may be necessary.
Our team at Fuentez Law PLLC can guide you through this process and advocate for your parental rights.
💬 Final Thoughts from Attorney Sandra Fuentez
“I know how emotional and exhausting it can be when you’re kept from your child. But I also know that staying compliant with the law puts you in the best position to fight for what’s right. Let us help you take the next step with clarity and confidence.”
📞 Need help enforcing your visitation rights or modifying support? Contact us today for a confidential consultation.
🌐 https://www.fuentezlaw.com
📍 Serving families across Texas with compassion and strength.
Fuentez Law PLLC – If you can’t make up, we’ll help you break up.
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