Child support and parenting time are treated as separate legal matters in Wisconsin. Suppose a co-parent has a child support obligation; the payments they make are intended to help ensure the child’s needs are met.
On the other hand, as a co-parent, they have the right to parenting time to help maintain the relationship they have with their child. Therefore, failing to pay child support does not automatically affect a co-parent’s parenting time rights. However, that doesn’t mean it won’t have indirect consequences that could ultimately prove negative.
Legal consequences of withholding child support
While unpaid child support does not directly equate to reduced parenting time, it can indirectly affect custody arrangements. A parent’s hesitation to meet their child support obligations may be interpreted by the court as a lack of responsibility or commitment. This conclusion can steer custody decisions in the other parent’s favor, especially if the non-paying parent seeks to modify the existing arrangement.
Wisconsin also has stringent measures to enforce child support payments. If a parent falls behind, the state can implement various enforcement actions, including:
- Income withholding: Automatically deducting child support payments from the parent’s wages
- Interest charges: Applying a 0.5% monthly interest on past-due support
- License suspension: Revoking driver’s, professional or recreational licenses
- Tax refund interception: Seizing federal and state tax refunds to cover unpaid support
- Liens and property seizure: Placing liens on property or seizing assets to satisfy the debt
These measures aim to help ensure that children receive the financial support they are entitled to.
In general, it’s wisest to remember that a child support order is unrelated to parenting time – and it is an official court order. That means that a parent cannot withhold payment without being in violation of the law. That’s why it is best to approach the court about issues with parenting time instead of trying to force the issue through a “self-help” method.
For co-parents who want more parenting time in Wisconsin can talk to a trusted legal team to explore a better option than skipping payments and hoping for the best.