Is a non-custodial parent's obligation to pay child support unaffected by the interference of the custodial parent with visitation?

California, United States of America


The following excerpt is from Marriage of Condon, In re, 62 Cal.App.4th 533, 73 Cal.Rptr.2d 33 (Cal. App. 1998):

10 We recognize in an ordinary domestic child custody case the supporting parent's duty to pay child support remains even if the other parent fails to obey the custody and visitation provisions of the court's order. (Moffat v. Moffat (1980) 27 Cal.3d 645, 165 Cal.Rptr. 877, 612 P.2d 967 [obligation to pay child support is unaffected by custodial parent's interference with visitation].) The non-custodial parent instead is required to use other remedies, generally a court order compelling the custodial parent to obey the visitation arrangements or risk sanctions from the court. To allow non-custodial parents to unilaterally curtail child support payments would risk their children's well-being and in many cases impose the burden of their support on California taxpayers.

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