Differences Between Non-Payment of Child Support And Neglect
Child support is a specific amount of money used to support the child that one parent of the child may be ordered by the court to subsidize monthly. Nonpayment of child support is the failure to deliver that payment. This is typically not grounds for denial of visitation. The law is very open that child support is not a fee to visit your child.
There is a fine line between nonpayment of child support and neglect. Many people would think of failure to care for your child monetarily is neglect and, in some cases, it is. However, courts look very carefully at each situation to see if failure to provide support equals neglect, but the matter will not be handled in a hearing regarding nonpayment of child support. Custody and child support issues are different matters. It is important to remember that you have to make your child available for visitations if the court orders it, regardless of child support issues.
Most states define neglect as failure to provide the clothes, food, supervision and shelter that a child needs. Failure to provide medical care is also covered in many states’ definition of neglect. In most cases, these neglectful acts must be harmful to the child in order for it to be considered neglect. If a parent’s failure to pay child support is causing harm to the child, then it may be considered neglect, but that is not a certainty. If the child is being cared for adequately despite the lack of support, it is hard to view nonpayment of child support as neglect. It is not resulting in harm to the child.
The difference between nonpayment of child support and neglect is simply that neglect is ignoring your child’s essential needs and nonpayment of child support is failure to give the custodial parent money to provide for these needs. If you are not the custodial parent then chances are the custodial parent is caring for your child’s essential needs, regardless of whether you pay or not. Unless your child’s needs are being neglected during visitation, then the noncustodial parent is probably not guilty of neglect. That does not mean that noncustodial parents should withhold child support. Their child may need that money very badly. It also does not mean that you will always get to see your child whether you pay child support. It is difficult to show up for visitation when you are in jail.
Written by Shell Castle
The true adventurer goes forth aimless and uncalculating to encounter and greet unknown fate. ~ O. Henry
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