Skip to main content

What happens if a non-custodial father refuses to pay child support but he still wants to visit his child in the USA?

New York, NY |

What happens if a non-custodial father refuses to pay child support but he still wants to visit his child in the USA? He is not a US citizen and does not need a visa to enter the United States. A US court ordered him to pay child support, but because he lives and works in another country you cannot get child support enforced. The only thing the US family court can do is order the police to arrest the father arrested for not paying child support the next time he enters the United States.

Attorney Answers 3


  1. Many western countries have reciprocal child support enforcement agreements, so enforcing US orders of support is as easy as filing a violation petition. Many countries have no such agreements and you'll never get an order enforced unless he is arrested here. If he is in one of those countries, then you have to wait until he is arrested.

    Good luck.


  2. Visitation is usually considered a separate issue from payment of child support, in that merely a refusal to pay does not, in itself, lead to a suspension of visitation rights. That said, yes, if there's a warrant for his arrest due to support arrears, then he can be jailed for up to 6 months for entering New York to visit the child.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


  3. Mr Bliven is absolutely correct, the matters are treated separately and generally, as a result a failure to pay support is irrelevant to whether he is entitled to visitation.

    If you seek further assistance and wish to retain counsel please contact us at your convenience.

Child custody topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics