For divorced co-parents, custody (known as “time-sharing” in Florida) and/or child support can be a constant source of friction. Unfortunately, the children are often the ones who suffer the most – even when parents think they’re only trying to protect them and do what’s best for them.
Unfortunately, one or both co-parents will sometimes compound one problem with another. Specifically, one parent may withhold parenting time from the other if they are behind on their child support. Conversely, a parent may withhold child support if their co-parent isn’t allowing them the access to their child they’re allowed to have.
Key considerations
To be clear, both of these actions can be violations of court orders. Support and time-sharing are based on two separate orders. Both are for the benefit of the child. Intentionally violating either of them can be grounds for a contempt of court action.
It can seem unfair that a parent can take their child for their scheduled time when they are failing to pay their support as ordered – particularly if they’re able to. It can seem equally wrong that a parent has to pay child support when their co-parent is repeatedly neglecting to bring them over or have them ready at the designated time.
If either the support or the time-sharing order isn’t working for a parent, they can seek a modification through the court. Florida law states that a child’s best interests must be the primary consideration in granting a modification. Of course, if a parent has lost their job or gotten a drastic pay cut, that’s typically grounds for at least a temporary modification as long as they have evidence of the change in their financial situation.
The bottom line is that parents are obligated to abide by these orders for the benefit of their child. If they can’t work out time-sharing or support matters on their own, they may need to take their case to a judge. Note that even if they agree on a temporary change, they need to have it approved by a judge. That’s to help ensure that they’re acting in their child’s best interests.
Any parent who needs to appear in court for a matter involving their time-sharing or support obligations and rights should have legal guidance.
