Legal Question in Family Law in Nevada

Re: Is it legal to hold back visitation for being behind in child support?

NO. In fact, there is a Nevada Supreme Court case which I believe found that the mother waived her right to support by doing this, although that case had very extreme facts.

Re: Is it legal to hold back visitation for being behind in child support?

Thank you for your inquiry.

You are not able to withhold visitation from a parent solely on their non-payment of child support. While the issues of custody and support are definitely related, you cannot withhold one based on the other.

I would recommend that you file a motion to modify the custody arrangement based on non-payment of support. A Court may find that compelling reasons to modify the custody and visitation on a more permanent basis.

Additionally, if your ex is behind in child support you could request the Court in the same motion to reduce the unpaid support to a lump sum judgment and use that to garnish ex's paychecks or property.

My office frequently handles such matters. If you would like to discuss your case further contact us at the number below.

Regards,

Jim Herbe, Esq.

702.966.5690

Re: Is it legal to hold back visitation for being behind in child support?

It is not illegal but the Judges do not condone this unless the other party is homeless or unable to care for the children.