Can I Deny Visitation If My Ex Does Not Pay Child Support in Illinois?

DuPage County Divorce Attorneys Helping You Hold Your Ex Responsible for Paying Child Support

When a family court puts child support orders in place during a divorce or child custody case, this ensures that both parents will be contributing financially toward their children's needs. The child support payments that a parent receives can be crucial, addressing costs related to food, medicine, clothing, and providing a safe home for children. In situations where a parent has failed to pay child support as required, the other parent may be unsure about what measures they can take to collect the amount owed. Because the parent has failed to live up to their financial responsibilities, the other parent may believe that they should not be able to spend time with the child.

It can be deeply disappointing and difficult when your ex is not paying their share of child support. Even though it may seem fair to deny their parenting time and refuse to allow them to see or talk to your children until you receive your financial support, if you attempt to do so, you could face consequences. Instead of taking the law into your own hands, there are other measures you can take to enforce the court's orders and receive the support your children need. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help explain why denying parenting time is not a good idea, and we can help you explore the different options you may have, ensuring that these issues will be handled correctly through the legal system.

Enforcement of Child Support Orders

You are not allowed to deny parenting time to your ex-spouse unless you have a reasonable belief that your children will be at risk of physical or emotional harm. Under Illinois law, parenting time and paying child support are treated as completely separate issues. If you deny your ex parenting time, you will also be penalizing your children. Interference with parenting time is a serious offense, and if your ex can show that you did not have a valid reason to do so, you could face penalties, including restrictions on your own parenting time.

To avoid legal issues that could affect your parental rights, you will want to make sure to continue to follow the parenting time schedule put in place by the court. As you address issues related to unpaid child support, you can follow the proper legal procedures to collect the amounts owed and ensure that you will receive ongoing payments. The Child Support Enforcement Act of 1984, among other protections, provides you with the ability to collect what is owed from your ex-spouse.

In most circumstances, the court will serve your former partner with a legal notice. If your ex still does not pay, he or she can receive other consequences such as:

• Seizing of property;
• Garnishing wages;
• Intercepting federal tax refunds in order to pay child support;
• Revoking a driver's license;
• Denial of a passport;
• Suspending an occupational license in certain fields; or
• Suspending a license to run a business.

If your ex-spouse continues to violate the court's orders, they could be sentenced to jail time. This may be a last resort, and it is usually not preferred, since a parent who is in jail may be unable to pursue employment or earn sufficient income to pay the child support owed. However, if the court determines that it is necessary, your ex could be required to serve a jail sentence while being released to work on certain days so that their income will go toward paying child support as required.

Contact Our DuPage County Child Support Lawyers

We are sympathetic to the frustrations you may be facing if your ex-spouse is not paying child support. There are multiple different approaches we may be able to take to ensure that you receive proper support. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we will do what is best for you and your children in these situations. Contact us to set up a consultation by calling 630-665-7300. If you are located in DuPage County, Kane County, or Kendall County, we are here to help.