Do I have to pay child support if I cant see my son?

Asked by: Dr. Jonathan Schamberger  |  Last update: January 22, 2026
Score: 4.8/5 (37 votes)

Although your feelings are valid, you have a legal obligation to pay child support even if you don't have physical custody of your kids. Court orders are enforceable, so don't assume you can get away with not paying child support just because you don't have custody of your children.

Do I have to pay child support if I don't see my kid?

The short answer is yes, once a child support order is issued, you have to pay child support to the custodial parent, even if you never see the child. If you don't pay, you will face fines, wage garnishment, loss of your driver's license and/or incarceration.

What to do if I can't see my child?

You can talk to a friend, relative, counselor, or GP. You can also consider joining a support group. You can try contacting your ex by email, text message, or letter. Keep your messages short, polite, and focused on agreeing on a time and place to see your child.

Can my ex refuse to pay child support?

Yes, your ex-wife can agree not to receive child support. The court (and the FOC) will allow this as long as there are no concerns that the children are not being provided for financially. The court may also force child support to be paid if your ex-wife is receiving any form of state aid.

Is visitation required when paying child support?

In California, paying child support does not mean that you have the right to visitation with your child.

Paying Child Support BUT Not Allowed to See Your Kids? Here is What to Do.

16 related questions found

Does the mom have to show up to child support court?

If the child support hearing is an enforcement hearing brought by the state child support enforcement agency in the U.S., the custodial parent may not need to be present. That is usually a matter decided by the child support enforcement lawyer.

How much child support will I pay if I make $1000 a week?

Using a standard calculation, an individual earning $1,000 a week might pay around $250 per month for one child, though this figure can vary significantly based on specific circumstances and local county guidelines.

Can parents agree to no child support in?

Can California Parents Agree That Neither Needs to Pay Child Support? California child support laws state both parents are mutually responsible for the support of their children. This means, technically, parents do not have the authority to waive or eliminate child support obligations, even if both parents agree.

What to do if ex is behind on child support?

What to Do When Your Ex Won't Pay Child Support in California
  1. Contact the Child Support Agency. The first step is to contact the local child support agency in your county. ...
  2. File a Motion for Contempt. ...
  3. Seek Wage Garnishment. ...
  4. Consider a Child Support Lien. ...
  5. Hire a Family Law Attorney.

What if a man does not pay child support?

Failing to pay child support in California can have severe and far-reaching consequences. From monetary penalties and credit score damage to asset seizures and license suspensions, the repercussions are daunting.

What happens if my ex doesn't let me see my child?

Your attorney can help you file a motion to enforce visitation, requiring your ex-spouse to comply with the court order. If your ex-spouse continues to deny visitation, they can be held in contempt of court, resulting in fines, community service, or even jail time.

Can a mother refuse access to the father?

The answer to this question is almost always “no,” especially if there is a court order granting custody and parent-time to your child's father. What follows are potential exceptions to this general rule, but you should not withhold your child without discussing it with an experienced family law attorney beforehand.

What happens if my child doesn't want to see me?

You can talk to your child to try and ascertain why they do not want to see their parent and see if there are any arrangements that could be made to make spending time with that parent easier. Family mediation may be helpful, where a mediator will work with both parents to try and find a way forward.

Do I have to pay for a child I don't see?

Not seeing your child does not exempt you from paying child maintenance. Your responsibility to pay child maintenance is based on your financial ability and the child's needs, not whether you see or spend time with your child. This means you have to pay child maintenance even if you have no contact with your child.

Does dad have to pay child support with 50/50?

It seems logical that if your custody is shared, you each cover costs for the child when the child is with you. However, in California, custody and child support are two separate components, and one parent may be required to pay child support to the other even in a 50/50 arrangement.

Do I still have to pay child support if I have temporary custody?

Temporary Child Support Orders. All parents have an obligation to provide for their children financially, regardless of the status of their relationship.

Can my ex go to jail for not paying child support?

Interest on Arrears: Unpaid child support amounts can accrue interest, increasing the total amount owed over time. Contempt of Court: As mentioned earlier, the court can hold the non-paying parent in contempt, which may lead to fines, penalties, or even jail time.

Can my ex refuse to return my child?

If your spouse does not return your child within a reasonable time frame and you have exhausted other options, consider filing a police report. This step can help establish a formal record of the situation and involve law enforcement in the resolution process.

Do I have to pay child support if my ex refuses to work?

When a parent is found to be voluntarily unemployed or underemployed by a court in California—and this affects the amount of child support paid by the other parent—income may be “imputed” to the non-working or under-working parent.

Can fathers opt out of child support?

In some states, a non-custodial parent can opt out of paying child support even though the custodial parent expects payments. But this is usually only possible if the non-custodial parent is willing to completely give up his or her parental rights of the child.

Can you stop child support if both parents get back together?

For example, if the parents begin living together in the same house or get married, the parent who is obligated to provide support can request a termination of child support on the grounds that it is no longer necessary.

Can I sue my mom for not using child support on me?

Generally speaking, an adult child cannot file a lawsuit against their parent for unpaid child support. However, there are some other ways in which an adult child may be able to sue for back payments.

How much do most dads pay in child support?

The average child support payment in California comes in at around $500 per month. Other estimates put the number at around $425 on the low end and approximately $800 for a high average. Of course, these numbers are just a rough estimate of what the average person pays monthly for child support.

What percentage of your paycheck can child support take?

However, if you are currently supporting another child or a spouse (for example, if you have remarried and had another child), the court can order that up to 50% of your wages be withheld for child support. The amount withheld from your check – about a third of your wages – is well within these limits.

How much is 13.50 an hour annually?

If you make $13.50 an hour, your yearly salary would be $28,080.