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Independence of Provisions of
Decree or Temporary Order

Quick Facts
  • Nonpayment of support does not justify interference with visitation.
  • Interference with visitation does not justify nonpayment of support.
  • Same with moving child out-of-state.
  • The proper remedy is by going to court

Failure by a parent to make child support payments is not a defense to either of the following:

  • interference with parenting time; or
  • without the permission of the court or the other parent, removing a child from the state.

Interference with parenting time or taking a child from this state without permission of the court or the other parent is not a defense to nonpayment of support. If a parent fails to make support payments, interferes with parenting time, or removes a child from the state without permission of the court or the other parent, the other party may petition the court for an order.