Posted by Mary E. Ramos | Child Custody, Child Support, Divorce, Visitation and Access
The Father Is Not Paying Child Support: What Can I Do? Does it Affect Visitation Rights?
NO! Navigating the intricate landscape of family law can often feel daunting, particularly when it involves child support and visitation rights. In Texas, these two areas are treated as separate entities, each with its own set of rules and regulations. This article is here to help you understand two important things: a parent’s duty to pay for their child’s needs (child support) and a parent’s right to spend time with their child (visitation rights) are separate things; thus, one doesn’t affect the other. So, even if a parent isn’t paying child support, they still have the right to see their child. And if a parent isn’t seeing their child, they still have to pay child support.
We dig into the complexities of these laws, discussing scenarios such as what happens when a parent falls behind on child support payments or if they are denied visitation. Throughout, we keep our focus on the guiding principle in all family law matters – the best interest of the child.
Key Takeaways
- In Texas, child support and visitation are separate:Even if a father is not paying child support, that usually does not automatically take away his visitation rights. Likewise, missed visitation typically does not eliminate the duty to pay support.
- Do not “self-enforce” by withholding parenting time:Refusing court-ordered visitation because support is unpaid can put you in violation of your order and create legal risk for you.
- The right move is enforcement or modification through the court:If your child’s father isn’t paying, enforcement options may be available. If his income has changed, a formal modification may be the proper path instead of missed payments.
Independent Rights
Under the Texas Family Code, the right to receive child support and the right to visitation are two independent rights that do not have any weight on the other right. The ability to visit with your children is not dependent on your ability to pay child support. The obligation to pay child support does not disappear if the responsible parent is denied visitation or chooses to no longer possess the child during their periods of visitation.
Nonetheless, it’s crucial to understand that showing earnest effort to the court can have its advantages. If you’re facing financial hardships, we advise making whatever contributions you can towards child support. Even though you remain liable for the total amount, your demonstrated commitment could potentially sway the court’s view if you’re unable to keep up with payments. Furthermore, if you experience a job loss or a decrease in income, it’s imperative to inform the court without delay. While it may take up to a year for the court to hear your case, filing for a child support modification could result in a retroactive reduction if the court approves the decreased amount.
If he isn’t paying child support, it can feel like you’re parenting alone
You’re trying to keep life stable for your kids while the other parent ignores a responsibility that directly affects your household.
It’s normal to feel angry and exhausted. But in Texas, withholding visitation can backfire and make your situation harder. The best path is a calm, documented plan focused on enforcement.
Best Interest Of The Child
Texas family law courts look at what is in the best interest of the child, and having a continuing relationship with a parent, even if that parent is not current on child support, is in the best interest of a child. You may file an enforcement action against a non-paying parent but you cannot prevent that parent from visiting with their child. Doing so would be a violation of your order. If you refuse to allow a non-paying parent visitation you are giving that parent cause to take you to family court for violating an access and visitation order.
If you are having issues with a parent who is failing to pay child support, please schedule a consultation with an experienced Houston Child Support Lawyer.
Get help enforcing child support in Texas without risking your custody order
If you’re thinking “father not paying child support—what can I do,” you’re probably trying to keep your kids stable while the bills keep coming.
It’s frustrating, and it can feel unfair that the other parent still has visitation when support is unpaid.
In Texas, the smartest move is usually not a confrontation at the exchange—it’s building a clean paper trail and pursuing enforcement through the proper channels.
Ramos Law Group, PLLC can help you understand your options, avoid mistakes that could expose you to legal blowback, and take steps aimed at getting payments back on track.
We can also help you evaluate whether modification is appropriate if the other parent truly experienced a major income change.
The goal is simple: protect your child, protect your order, and get a plan you can rely on.
Contact Our Experienced Child Support Lawyers Today
If your child’s father is not paying child support, you don’t have to guess your next step or risk making a mistake that could hurt your custody order. The right approach in Texas often involves documentation, enforcement, or modification—handled the right way, at the right time. At Ramos Law Group, PLLC, we help parents understand their options and take action without escalating conflict or creating legal exposure. If you’re ready for clarity and a practical plan, schedule a consultation to discuss your situation.
Frequently Asked Questions: Father Not Paying Child Support in Texas
My child’s father isn’t paying child support. Do I have to let him see my kids in Texas?
In Texas, child support and visitation are generally treated as separate issues. Even if support is unpaid, a parent may still have the
right to court-ordered visitation. The safer approach is to pursue enforcement for nonpayment rather than withholding parenting time.
Father not paying child support—what can I do in Texas?
Start by documenting missed payments and reviewing your current child support order. Many parents then explore enforcement options to
collect past-due support. A child support lawyer can help you understand which enforcement path fits your situation.
Can I deny visitation if he hasn’t paid child support?
Usually, no. Denying visitation can put you in violation of a custody/visitation order and may give the other parent grounds to take you
back to court over denied access. Enforcement for unpaid child support is typically handled separately.
What if he only pays sometimes or pays less than the order requires?
Partial payments can still create arrears if they don’t match the court-ordered amount. Keep a record of what is paid and when.
Consistent documentation makes it easier to prove the problem and pursue a solution.
How do I prove he’s behind on child support?
Keep a clear timeline with payment dates, amounts, and any communication. Save receipts, screenshots, and bank records when available.
Strong documentation helps your lawyer or the court clearly see the pattern of nonpayment.
Can unpaid child support affect custody or visitation in Texas?
Unpaid support does not automatically remove visitation rights. However, if nonpayment is part of a larger pattern of instability or
unreliability, it may become relevant in broader court decisions. A lawyer can help you understand what is realistic in your case.
What if he says he lost his job or can’t afford the payments?
A parent’s financial situation can change, but support obligations do not typically change automatically. If income drops, the proper
approach is usually to pursue a formal modification as soon as possible rather than letting arrears accumulate.
If he doesn’t see the kids, does he still have to pay child support?
Generally, yes. Parenting time and child support are usually separate. A parent who is not exercising visitation can still owe support,
and the right solution is to address visitation problems through the court rather than tying them to payments.
What is the safest way to handle exchanges when I’m angry about unpaid support?
Stick to the court order and keep communication brief and respectful. Consider using written messages so the record is clear.
Separating emotions from logistics helps protect you and helps keep the focus on your child’s stability.
When should I talk to a Texas child support lawyer about nonpayment?
If payments are consistently missed, if arrears are growing, or if the other parent is using support as leverage, it’s time to get
guidance. A lawyer can help you choose a strategy that protects your order, your child’s needs, and your legal position.
Last Updated on January 22, 2026 by Mary E. Ramos
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