In general, child support and parenting time are two separate issues that are not dependent on each other. A non-custodial parent is customarily the one who is obligated to pay child support to the primary residential parent. If the non-custodial parent has fallen behind on their child support obligation, or if they never pay their child support, this has no bearing on that parent’s ability to spend time with their child. If the non-custodial parent has not been making any effort to see their child or spend time with them, not playing an active role in their child’s life does not in any way absolve them of their child support obligation. This has been a general principle in family law across the country – until recently, when the Appeals Court in New York ruled that child support payments should have been suspended when the child was not required to abide by the court-ordered visitation schedule.

The case that could change it all

In the matter of Coull v. Rottman, Mr. Coull, the father requested that his child support obligation be suspended due to the fact that the child’s mother was determined that he not see his son. The child, a 13-year-old boy, also refused to see his father and expressed his desire to the court. Mr. Coull showed up at the designated exchange location on his visitation days and sometimes the mother and son would not show up. On another occasion, both mother and son showed up, but the child refused to get out of the car. At one point, the boy was hospitalized for an ailment: the father was not informed until well after the fact, and he was not given any information about the boy’s school or school events.

The court ruled that the son would not be forced to have visitation with his father, and that the father would not be forced to pay child support for a child that he was not permitted to spend time with. By this ruling, the New York Appeals court ruled that the payment of child support and parenting time are indeed connected to one another. This is a precedent-setting decision, one that could eventually affect families across the country – including right here in Tennessee.

Looking at both sides

On one side of the argument, some say that a parent should not be forced to pay child support for a child with whom they are not permitted to have a relationship. The mother’s alienation of the father from the son was very clear in this particular case, and it seems as though the son absorbed his mother’s views. The court had ordered a visitation schedule and the mother ignored it and did not compel her son to visit his father on his visitations days.

But what about in situations where the resistance is more subtle, or more malicious? Is the other parent in effect “buying” time with their child? If they fall behind on child support payments, will their parenting time be cut off until they bring their account current? Is it not a basic obligation for parents who bring children into the world to support them financially? At the end of the day, it takes two people to create a child; both of them should be financially responsible for that child’s upbringing.

Parents who are facing a child support and custody battle will find the support and the strong advocate they need from the legal team at Miller Upshaw Family Law, PLLC. You may contact us today to discuss your case with a skilled Nashville divorce attorney.