Visitation and Child Support

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Do I have to allow visitation if the other parent does not pay the child support?

Yes. Even if the other parent does not pay court-ordered child support, you must follow the visitation schedule. If you do not, the court can punish you. But you can ask for a hearing to ask the judge to make the other parent pay the support.

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If I visit my child often, do I pay less child support?

It depends. If the child is living with you 50% of the time or more, you should ask the court to recalculate child support.

Important! Do not stop or reduce your child support payments on your own. You must get a new court order first.

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What if there is a child support order, but no visitation order?

If you have a child support order, but do not have a visitation order, you can ask the court to make a visitation order.

Tip: Even if you are happy with your visitation arrangement now, it is better to have a court order. An order will protect your visitation in case the other parent changes his/her mind.

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How do I ask the court for a visitation order?

It’s best if you and the other parent can agree on a new schedule on your own.

If you can agree, put your agreed schedule in writing. Both of you should sign the agreed schedule. Then file a copy with the court. If you do this, you do not have to go to court to ask to change the visitation schedule.

If you cannot agree about a written visitation schedule, you can ask the court to make an order. Ask your court clerk for a pro se motion form. Or ask a lawyer to help you.

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How do I know if the court made visitation or child support orders for my case?

If you are divorced from the other parent, your court papers will say what your visitation and child support orders are. Look for the words: visitation, child support, or Settlement Agreement.

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What if there are no court orders for our child?

If there are no support or other court orders for your child, you will have to start a new case. You may have to establish paternity first, and then get custody, visitation, and child support orders. This can be complicated. It’s best to talk to a lawyer.

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If the children live with me, can I stop the other parent’s visitation?

Probably not. The other parent has a right to reasonable visitation. You would have to ask for a court hearing to explain why you want to stop visitation. The court would only stop or limit visitation if the court decides that visitation would be harmful for the children.

See: What if I think the visitation would be harmful to the child?

Warning! If you stop visitation without a court order, the other parent can ask for a contempt hearing. You may have to pay the costs of the hearing, including court and legal fees. The other parent could even ask the court to change the custody orders.

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Can the other parent and I agree to stop visitation in exchange for stopping child support?

Not if you are receiving KTAP (or other state benefits). That is because the state uses the child support money to pay for some or all of your KTAP or other benefits.

If you are not receiving KTAP (or other state benefits), you and the other parent can agree to stop child support, but the agreement will not be enforceable unless a court orders it. The court probably will not make that kind of order. The court believes your child needs the child support that was ordered. Courts also believe that children usually do better when they have contact with both parents.

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Reviewed August 2009