Short answer: No. Even if your ex isn’t paying child support, you can’t deny parenting time. In Minnesota, support and parenting time are separate court orders, and denying parenting time because support is unpaid violates the parenting time order. Unpaid support is collected through enforcement tools such as income withholding, tax refund intercepts and license suspensions.
It’s frustrating when your ex isn’t paying child support. Children have many needs, and struggling to meet them day after day takes a toll on any parent.
Out of frustration, a parent may respond by denying the other parent’s parenting time. Unfortunately, the child suffers either way. So instead of denying parenting time, use Minnesota’s child support laws to enforce the support order.
Can I deny parenting time when Ex isn’t paying child support?
No. In Minnesota, a parent cannot legally deny parenting time because the other parent isn’t paying child support.
A parenting time order binds both parents. Once it’s in place, parenting time is a legal right. Therefore, denying the other parent’s time violates the order, even if that parent is behind on support.
Parenting Time and Child Support in Minnesota
Parenting time gives children the chance to bond with each parent and benefit from their love and guidance. In other words, child support and parenting time are not a trade.
- Parenting time is the time each parent is scheduled to spend with the children.
- Child support is the money one parent pays the other to help cover the children’s basic needs, medical needs, and child care costs.
It may help to think of them as two separate court orders. You must follow both, and each has its own consequences when someone doesn’t.
Remedies when Ex isn’t paying Child Support
Fortunately, Minnesota has many tools for collecting unpaid child support, including:
- Income withholding (wage garnishment) (Minn. Stat. § 518A.53)
- Intercepting tax refunds through revenue recapture (Minn. Stat. § 518A.61)
- Civil contempt of court (Minn. Stat. § 518A.71)
- Driver’s license suspension (Minn. Stat. § 518A.65)
- Occupational license suspension (Minn. Stat. § 518A.66)
- Motor vehicle liens (Minn. Stat. § 518A.67)
- Recreational license suspension, such as hunting and fishing licenses (Minn. Stat. § 518A.68)
- Community service (Minn. Stat. § 518A.72)
- Employer contempt, when an employer fails to withhold (Minn. Stat. § 518A.73)
- Publishing the names of delinquent parents (Minn. Stat. § 518A.74)
- Court-ordered job search or employment programs (Minn. Stat. § 518A.64)
- Attorney fees and collection costs (Minn. Stat. § 518A.735)
- Federal remedies, such as passport denial and reporting to credit bureaus
If you already have a child support order, you can also contact your county child support office. The county can help collect support. In addition, counties have a wide range of enforcement tools, and they provide these services at low cost (Minn. Stat. § 518A.51).
Minnesota Parenting Time Remedies
On the other hand, if a parent is denying parenting time, the other parent can file a motion with the court. The motion can ask for parenting time help, a change in custody, or a finding of contempt.
To make up for lost time, the court can also award make-up (compensatory) parenting time. To learn more about the consequences of denying parenting time, see Parenting Time in Minnesota.
Denying Parenting Time is a Contempt of Court
There are specific legal consequences for not following a parenting time order. Likewise, there are separate consequences for not paying child support.
In Minnesota, a parent denied court-ordered parenting time can bring a contempt motion. Contempt means someone has violated a court order. A parent found in contempt may have to give make-up time and pay the other parent’s attorney fees. In the most extreme cases, they may even serve jail time. Also, repeated, willful denial of parenting time can lead to a change in custody.
So if your ex isn’t paying child support, don’t deny their parenting time. Instead, use the separate remedies for unpaid support. A family law attorney can go over these remedies with you and help enforce your child support order.
Related reading: Changing Child Support in Minnesota.
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