Can I Stop Access if Child Support Isn’t Paid?
When it comes to child support and child contact beware of making emotionally driven decisions or following bad second-hand advice. Two of the classic traps for parents that have separated are:
- Thinking that child support is a moral choice and that payment is therefore dependent upon how the money is spent; and
- That if child support is not being paid then the primary carer parent can stop the child’s contact.
Let’s dispel these myths.
Firstly, the law says that every parent has a legal obligation to provide for the support of their child. This obligation does not stop because:
- You separate;
- Your child does not live with you;
- You don’t have any contact with your child;
- You and your ex-partner fight;
- You think your ex-partner will misuse the money you pay for child support; or
- Your ex-partner has a new partner.
Secondly, the law provides that contact is not dependent upon child support being paid.
- Children have a right to know and be cared for by both parents.
- Contact is a right of the child.
- Contact is not a right of either parent.
- Children who have regular contact with both their parents adjust better and generally do better in life.
If you have separated and need assistance with children’s arrangements or child support, call us on (07) 3221 4300 for a fixed-cost initial consultation.