This question is often asked by clients, as it doesn’t seem “fair” if the parent obligated to pay support fails to pay, however, the non-paying parent still gets to exercise his parenting time. The Kansas courts view parenting time as a benefit for the children, and the obligation of paying child support is independent of parenting time. Therefore, the primary residential parent cannot deny parenting time to a non-paying parent. Even further, if the primary residential parent refuses to allow the non-paying parent parenting time, the primary residential payment may be found in contempt of court for not following the parenting plan schedule.
Simply put, if you are not receiving child support pursuant to the child support order in place, I would suggest to seek the help of Kansas SRS or your attorney.
