If My Ex Stops Paying Child Support, Do I Still Have to Let Him See Our Children?

 Posted on April 20,2022 in Child Support

Raising children can be one of the most rewarding, joyful things a person ever does. However, any honest parent will also tell you that raising children can be a never-ending, thankless task. Children are always hungry, they break things they know they are not allowed to touch, and they have a knack for putting holes in new shoes and clothing - in other words, kids are expensive. If you are divorced or are co-parenting with someone you were never married to, child support payments are often a crucial source of income for your children’s ongoing needs. An ex’s failure to pay child support may not only be frustrating, but terrifying - if you cannot make rent, what will you do? Desperation can lead many parents to wonder if they can withhold parenting time from a parent who refuses to pay child support.

Child Support and Parenting Time Are Not Conditional Upon Each Other

Perhaps unfortunately for those trying to recover lost support money, parenting time may never be withheld as a consequence for unpaid child support. These are two separate issues under Illinois law, and one cannot be used as an incentive for the other. Courts will not prevent a parent from seeing their child because they have not paid child support, because to do so would punish the children for something they have no responsibility for or control over. In fact, trying to withhold parenting time can result in court sanctions against the parent who does this.

How Can I Get Unpaid Child Support? 

Just as Illinois courts view parenting time as essential to a child’s wellbeing, they also view child support in the same way - and there are ways to recover child support that do not harm a child’s relationship with their parent or put you at risk of court sanctions. The first step is to file a petition with a court to enforce child support obligations. A court can then ask the paying parent why he or she stopped making payments and use various tools - including fines, driver’s license suspension, and even jail time - to punish continued non-payment. Illinois also has a Division of Child Support Services that exists to help parents get the child support they need. An attorney can help you pursue whichever option is likely to result in the fastest, most effective recovery for your case. 

Meet with an Oswego Child Support Recovery Lawyer

If your ex is failing to meet his or her child support obligations, then you likely already know what a stressful and difficult financial position this can put you in. At The Law Office of Matthew M. Williams, P.C., we can help you pursue all available avenues to get the child support you are owed. Our experienced Oswego child support lawyer will take your case seriously and treat it with the urgency it deserves so you can get the help you need. Call us now to schedule a confidential consultation at 630-409-8184. 

Source: 

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx