In Georgia, child support and visitation are independent. You cannot stop paying support because visits are denied, and the other parent cannot withhold visits because support is unpaid.
Neither Depends on the Other
In Haase v. Haase, 251 Ga. 691 (1983), a trial court relieved a father of his monthly child support whenever the mother frustrated or rejected his visitation. The Georgia Supreme Court reversed, restating that “child-visitation rights should not be made contingent on payment of child support, and, conversely, payment of support should not be made contingent on allowance of visitation privileges.”
The rule runs in both directions. In Price v. Dawkins, 242 Ga. 41 (1978), a trial court made a father’s visitation depend on his staying current on child support. The Georgia Supreme Court held that the provision “must be stricken.” So if visits are being denied, the answer is to enforce the order in court, not to stop paying. Visitation is set in the parenting plan every custody order must include, as our post on whether a judge can reject a custody agreement explains.
Time With You Is Not a Credit
Nor can you pay less on your own while the children are with you. In Christman v. Griffin, 84 Ga. App. 650 (1951), a father’s court-ordered visitation gave him the child for set periods. He could not credit what he spent on the child during those periods against the support he owed, even though it equaled or exceeded the monthly payments.
Court-ordered parenting time is instead accounted for when support is calculated, as our post on parenting time and Georgia child support explains. Changing the amount of support or the visitation schedule itself requires a modification, which is a separate subject.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!