⚖️ Introduction
Many Florida parents face the same dilemma:
“If the other parent stops paying child support, can I keep the kids until they pay?”
It’s a common and emotional question — but withholding time-sharing in Florida is not allowed under state law. While it might feel like a fair reaction, the courts treat time-sharing and child support as two completely separate legal obligations. In this post, we’ll explain how the law defines each, what happens if support stops, and how to enforce your rights without jeopardizing your parenting plan.
🧾 Florida Law on Time-Sharing and Child Support
Under Florida Statute §61.13, courts treat time-sharing (custody and visitation) and child support as two separate issues.
Even if one parent falls behind on payments, you cannot deny visitation or modify time-sharing on your own. Doing so may be viewed as a violation of the parenting plan and could harm your own custodial standing.
🚫 What Not to Do
Withholding visitation can backfire. A judge may:
- Hold you in contempt of court for violating the parenting plan.
- Order make-up time for the other parent.
- Even consider modifying custody if non-compliance continues.
The best approach is to follow your existing parenting plan and pursue legal remedies the right way.
✅ The Right Way to Enforce Child Support
If the other parent stops paying, Florida law provides several enforcement tools. You can:
- File a Motion for Contempt or Enforcement.
This lets the court compel payment and may result in fines, wage garnishment, or even driver’s license suspension for non-payment. - Work with the Florida Department of Revenue (DOR).
They can intercept tax refunds or suspend professional licenses. - Request Attorney’s Fees.
In many enforcement cases, the paying parent may be ordered to cover your attorney’s fees.
Pro Tip: Document missed payments carefully. Keep copies of receipts, texts, or emails that confirm non-payment — these strengthen your case in court.
👩⚖️ When to Call a Family Law Attorney
If you’ve followed the plan but support still isn’t coming through, it’s time to speak with a Florida family law attorney.
An attorney can:
- File a motion quickly to avoid long delays.
- Protect your parental rights.
- Represent you at hearings to ensure the court sees your compliance and good faith.
At Lipinski Family Law, we help parents enforce support orders efficiently while preserving parenting relationships.
🌿 Common Questions
Can I stop visits if I’m not getting support?
No. The court views visitation as a separate issue. You must comply unless there’s a safety concern.
Can the other parent go to jail for not paying?
Yes, in severe or repeated cases. Jail time is rare but possible for willful non-payment after a court order.
What if I can’t afford to file?
You can file pro se (without an attorney) through the county clerk or request assistance from Florida’s Department of Revenue.
📍 Local Lawyer
Lipinski Family Law proudly serves clients throughout Pinellas, Hillsborough, and Pasco Counties. Whether you’re in Clearwater, Tampa, or St. Petersburg, our goalhttps://joeltheattorneysblog.com/ is to protect your parenting rights with personal attention and practical solutions.
