[Direct answer]No. The obligation to pay alimony and the right to visit the children are two independent statutory rights and obligations. According to Article 1085 of the Civil Code of the People's Republic of China, the party who does not directly raise the children shall bear the obligation to pay alimony; according to Article 1086, the party shall also enjoy the right to visit the children, and the party who directly raises the children shall have the obligation to assist. If the other party defaults on the alimony payment, the problem should be solved through such means as urging payment, suing for recovery, and applying for enforcement; unilaterally refusing to visit the children not only lacks legal basis, but may also constitute a failure to fulfill the obligation to assist, and even become a reason for the other party to request a change in custody rights. If there are circumstances that are detrimental to the physical and mental health of the children, the party shall request the court to suspend the visitation rights according to law, rather than preventing it on his own. Relevant solutions can be obtained throughDivorce litigation and legal services for family disputesAndBeijing Henglue Law FirmEvaluation.

I. Problem background and typical scenarios

After divorce, if one party consistently defaults on child support payments, the party who directly raises the child not only has to bear the child's education, medical care, and living expenses alone, but also feels angry at the other party's dereliction of duty. In response, they resort to the tactic of "not allowing the other party to see the child unless they pay the money," which is one of the most common stalemates in family disputes. This often leads to escalating conflicts: the other party sues to claim visitation rights, or conversely demands a change in the custody arrangement on the grounds of being blocked from visiting the child; the child gets caught in the middle of the parents' confrontation, and their emotions and academic performance are affected. Additionally, there is a common situation where the parties only have verbal agreements or simple contracts, with the amount of child support and visitation times not being specified. When encountering default payments or visitation conflicts, there is a lack of enforcement basis, and each party has their own version of the events.

II. Key points of contention

  • The alimony and visitation rights do not constitute a quid pro quo: the two obligations are stipulated in different provisions, and the law does not grant one party the right to refuse to perform in response to the other party's default. Arrangements made privately to "settle the score" are generally not supported by the court.
  • The recovery path for child support: If there is a judgment, mediation agreement, or explicit agreement, you can apply for enforcement; if there is only an oral agreement or an agreement that is not explicit, you can first send a reminder to collect evidence, and then sue to determine the amount on behalf of the child.
  • The legal risks of refusing visitation: Continuously preventing visitation may be deemed detrimental to the child's healthy growth and become a basis for the other party to change the custody rights; if there are legitimate reasons, the matter should be handled through court procedures rather than imposing arbitrary restrictions on one's own initiative.

III. Professional analysis by Henglue Lawyers

In the family cases handled by Henglue Lawyers, the amount of alimony and visitation arrangements are usually specified in the same judgment or mediation agreement, which is convenient for future reference and enforcement. In a typical case, Wang * sued for divorce due to Zhang *'s extramarital affair leading to a breakdown of their relationship. The lawyer organized evidence based on the facts of the breakdown of the relationship and the principle of maximizing the interests of minors. The court granted the divorce, and the child born in the marriage lived with Wang *. Zhang * was ordered to pay 550 yuan per month in alimony until the child reached adulthood, and the court also made a favorable division of the marital property in accordance with the principle of protecting the innocent party. The significance of this case is that after the amount of alimony, the payment method, and visitation arrangements are specified in the effective document, if either party fails to fulfill their obligations, the other party will have clear enforcement grounds, without the need for mutual retaliation through self-help remedies. In another mediation divorce case, the parties specified in the mediation agreement that the non-custodial parent would pick up the child for overnight visits on fixed dates each month, detailing the frequency, duration, and handover methods on paper, avoiding the ambiguity of verbal agreements. If the other party defaults on payments for a long time, legal action can be taken against them accordingly.Legal services for creditor-debtor relations and enforcement casesEvaluate the implementation plan and, if necessary, apply for a freeze on their account simultaneously.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1085 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if the children are directly raised by one party after divorce, the other party shall bear part or all of the child support expenses. The amount and duration of the support expenses shall be agreed upon by both parties, and if no agreement is reached, the court shall make a judgment; Article 49 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) clarifies that if the person has a fixed income, the child support shall generally be paid at a rate of 20% to 30% of their total monthly income. If the person bears child support for more than two children, the proportion may be appropriately increased, but generally not exceed 50% of their total monthly income. Article 1086 stipulates that if the father or mother's visit to the children is detrimental to the children's physical and mental health, the people's court shall suspend the visitation according to law. After the cause of suspension disappears, the visitation shall be resumed. At the practical advice level: If the other party defaults on the payment, keep the judgment, agreement, transfer records, and reminder chat records. First, send a written reminder, and then apply to the court for compulsory enforcement. At the same time, still fulfill the obligation of assisting in visitation as agreed, and handle the two disputes separately to avoid the party being in the position of defaulting first and being passive everywhere.

5. Henglu Law Firm's Advice

The underlying interests behind child support and visitation rights are the welfare of minor children. When parents escalate their conflicts, the ultimate cost is often borne by the children. In the face of arrears, the rational approach is to fix the evidence, issue a written reminder, and apply for enforcement in three steps; in the face of visitation claims, it is more beneficial to actively safeguard rights by complying with court orders and submitting disputes to legal procedures than by preventing visits privately. The above-mentioned divorce case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as an agent. If you are currently facing similar disputes, it is recommended that you consult a professional attorney as soon as possible, bringing along the judgment, agreement, or payment records. You can also contact us through the following channels:Attorney Xiong BinrongYou can learn about their case-handling experience in the field of family law on this page.

Q1: If the other party defaults on child support payments, how should I pursue recovery of the money owed?

There are two situations: If there is a court judgment, mediation agreement, or divorce agreement registered with the civil affairs department that explicitly stipulates alimony, and the other party fails to fulfill their obligations, you can directly apply to the court for enforcement, which includes measures such as inquiring and freezing bank accounts, deducting salary income, seizing vehicles and real estate, and adding the other party to the list of dishonest individuals. If there is only an oral agreement or no explicit stipulation, you can first send a written reminder to preserve evidence, and then sue on behalf of the child to claim alimony. When pursuing alimony, it is important to keep receipts for the child's education, medical care, and living expenses, as well as evidence of the other party's income, to facilitate the court's determination of the amount. If the other party refuses to comply with the court's decision, they may also be held legally accountable for refusing to enforce the judgment or ruling.

Q2: How much is the alimony usually given, and until when is it paid?

According to Article 49 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (I), the amount of alimony shall be determined based on the actual needs of the children, the parents' ability to pay, and the local living standards. For those with fixed incomes, alimony shall generally be paid at a rate of 20% to 30% of their total monthly income. For those supporting more than two children, the rate may be appropriately increased, but generally not exceeding 50% of their total monthly income. For those without fixed incomes, the alimony shall be determined according to the above-mentioned proportion based on their total annual income or the average income in the same industry. In terms of duration, alimony shall generally be paid until the children reach the age of 18. For children who are still receiving education at the high school level or below, or for adult children who have lost or are not fully capable of working and are unable to maintain a normal life for non-subjective reasons, parents still have an obligation to pay alimony.

Q3: Under what circumstances can one apply to the court to suspend the other party's visitation rights?

According to Article 1086 of the Civil Code of the People's Republic of China, if a father or mother's visit to their children is detrimental to the children's physical and mental health, the people's court shall suspend the visitation rights according to law. Once the reasons for the suspension disappear, the visitation rights shall be restored. In practice, common situations include: hitting or abusing the children during the visitation, having serious infectious diseases, having bad habits such as drug addiction and gambling that may affect the children, using the visitation to hide the children or instigating the children to resent the other party, etc. To apply for suspension, the applicant shall submit corresponding evidence, which will be reviewed and ruled upon by the court. It should be emphasized that the decision on whether to suspend the visitation rights lies with the court, and the direct custodian cannot refuse the visitation on the grounds of suspicion, dissatisfaction, or the other party owing money, otherwise, they will be in breach of contract themselves.

Q4: If I don't let the other party take care of the child, can the other party use this as an opportunity to change the custody rights?

There is such a possibility. The trial of changing the custody relationship is based on the principle of what is most beneficial to the minor children. If the direct custodian refuses or obstructs the other party from exercising visitation rights for a long time, it may be regarded as one of the factors that are not conducive to the children's growth; if the other party cites this as one of the arguments and proves that it is more beneficial for the child to live with them, the court may support the change. In addition, continuously preventing visitation may also weaken one's own position in the enforcement of alimony and other family disputes. Therefore, even if the other party defaults on alimony payments, one should still maintain the implementation of visitation arrangements and resolve the alimony disputes through legal channels such as notice and enforcement, so as to avoid the two obligations' default states intertwining with each other and amplifying one's own risks.

Q5: We didn't include a visitation clause in our divorce agreement, but now the other party keeps showing up unannounced to see the kids. What should I do?

The right to visitation does not lapse simply because the agreement is not in writing. The party who does not directly raise the child has the right to visitation according to law, but the manner and timing of the visitation should be reasonable and not affect the child's normal life. It is recommended that both parties first consult and clarify the frequency, duration, holiday arrangements, and handover methods of the visitation. If necessary, a written supplementary agreement can be reached through the People's Mediation Committee or a lawyer. If no agreement can be reached, a lawsuit can be filed separately regarding the visitation method, and the court will determine the specific plan based on the child's age and academic arrangements. If the child is over eight years old, the court will also respect his or her true wishes. It is important to avoid escalating the conflict through sudden surprise visits or blocking access to each other. Stable and predictable visitation arrangements will cause the least harm to the child.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm