Is a non compete portion of a contract also void if they fail to pay according to the contract?

  The enforceability of the non-compete depends upon many factors including the terms of the contract, the scope of the restriction (in both time and geographic reach), and how much you were paid.  In the end, courts are remiss to enforce overbroad noncompete clauses in contracts because they don’t want to prevent someone like you from providing for yourself.  Also, there may be an argument that the noncompete was only given by you as consideration for the tutoring's company's agreement to pay you.  If they never paid you that then there MAY be an argument that they did not provide their consideration which MAY relieve you from the non-compete obligations. But if the pay was simply delayed, that might not be as strong of an argument.  In the end, the precise wording of the non-compete as well as the other provision of the contract will ultimately determines if it will be enforced.