Legal Question in Family Law in North Carolina

Re: Can being behind on child support interrupt visitation?

In NC, the questions of visitation and child support are not related. That sentence is uttered hundreds of times in child support enforcement courts, generally when the men are hauled in for not paying and they tell the judge they didn't pay because the mother would not allow visitation. The judge patiently (sometimes) lectures them that the child has a right to child support and the child's best interests include visitation with both parents as best they can work it out. So, payment of child support is not dependent on visitation and vice versa.

What can you do? You can try to bring some motion for contempt of any orders which set out the visitation schedule. He would then try to get you into child support court if he's really trying to be vindictive. Your next move may be to see whether you have a case for modifying the arrearage on your support. Check with a local lawyer to help you on both questions.

Good luck.