My Ex-Spouse Refuses to Pay Child Support. Can I Prevent Them from Seeing Our Child?

If you are divorced and have children with your ex-spouse, your divorce decree will specify if you or your ex-spouse is required to pay child support. It will also specify the time-sharing arrangement for your child. Clients often ask us if they can withhold time-sharing if their ex-spouse is behind on child support payments. As frustrating as this situation may be, the answer is always no. The Florida Statutes explicitly read, “When a parent who is ordered to pay child support or alimony fails to pay child support or alimony, the parent who should have received the child support or alimony may not refuse to honor the time-sharing schedule presently in effect between the parents[1]”.

Florida law prioritizes the child having a loving relationship with both parents above all else. To achieve this, both parents must comply with their respective allocated time-sharing. If you prevent your child’s other parent from their time-sharing, you will be breaking the law and can be subject to several penalties, such as:

• Reduced amount of time-sharing to make up for the lost time that the child could not spend with the other parent.
• Paying court costs and attorney’s fees for your ex-spouse.
• Attending a parenting course.
• Performing community service.
• Being in contempt of court, which can lead to fines and even jail time.

For all of these reasons, you must comply with your court-ordered time-sharing even if your ex-spouse is withholding child support. However, this doesn’t mean that you have no recourse. In fact, if your spouse withholds child support and you continue to allow time-sharing, the law is on your side.

The better course of action is to contact an experienced family law attorney, like Troy Legal, who can file a Motion for Enforcement. If the court grants the motion, it can require your ex-spouse’s employer to garnish their wages, which will ensure you are paid in a timely manner. The courts can also garnish your ex-spouse’s tax refunds or place a lien on their home, car, or boat to require them to pay you before receiving any funds from selling the item. On top of this, the courts have the power to revoke their driver’s license, boating license, and professional licenses. If your ex-spouse owes you more than $2,500, the courts can prevent them from receiving a new passport or renewing an old one, preventing them from leaving the country.

If your ex-spouse still refuses to pay, your attorney can file a Motion for Contempt. At this point, if your ex-spouse does not pay their mandated support, the court can send them to jail until they pay. In most cases, the fear of jail time is enough to force the other parent to pay the child support they owe.

Don’t take legal matters into your own hands and risk breaking the law. Instead, contact Troy Legal for expert family law guidance to protect your family.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

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[1] Online Sunshine. Chapter 61 Section 13 – 2025 Florida Statutes – The Florida Senate. Accessed February 2, 2026.