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.
Family Law Attorney
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.
Divorce / Separation Lawyer
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.
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Criminal Defense Attorney
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.
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