Can I deny my ex visitation if they don’t pay child support? Legally, the answer is no. Parents cannot withhold visitation just because an ex is behind on child support payments. Visitation rights and child support obligations are treated separately under the law. While a non-paying parent may face legal consequences for failing to fulfill their child support obligations, taking matters into your own hands by refusing visitation can backfire. You could be found in contempt of court and even lose your own parental rights. Understanding your legal options can help you protect your child’s best interests without violating a court order.
Child Support Is Court-Ordered. Why Can’t I Deny My Ex Visitation If They Don’t Pay?
Child support and visitation rights are separate legal issues. Illinois law states that a child has the right to have a relationship with both parents, and the noncustodial parent is entitled to visitation – even if they don’t pay child support. As such, you cannot deny visitation if they don’t pay child support. Your ex may face other consequences for failing to pay, however.
Illinois determines the amount of child support that the noncustodial parent pays based on a formula that includes the number of children and the net income of each parent. When the noncustodial parent does not make the court ordered payments, they can be charged with contempt of court. The court may set penalties, place the parent on probation, or even sentence the parent to up to six months in prison. Even still, their refusal or inability to pay support has no bearing on their visitation rights.
Legal Consequences for Non-Payment of Child Support
Failing to pay child support can lead to serious legal consequences. In Illinois, the noncustodial parent who falls behind on payments can face:
- Wage Garnishment: The court may order the non-paying parent’s employer to withhold a portion of their wages and send it directly to the custodial parent.
- License Suspension: The non-paying parent’s driver’s license, professional license, or even a recreational license may be suspended.
- Tax Refund Interception: The state may intercept federal or state tax refunds and apply them toward unpaid child support.
- Contempt of Court: The parent can be charged with contempt, leading to fines, probation, or even jail time.
Visitation Interference Is Illegal
Even though there is some legal recourse to recover support payments, custodial parents may find it tempting to try to force noncustodial parents to make the support payments by refusing to allow visitation until payment is made. Because the Joint Parenting Order is legally binding, any attempt on the part of either parent to interfere with the visitation rights of the other is breaking the law.
Withholding the child during the scheduled visitation to punish the other parent is considered unlawful visitation interference. Under Illinois law, this is a petty offense. Like a traffic ticket, the first instance of a petty offense is typically punishable with a fine. A second conviction could lead to the parent’s arrest for a Class A misdemeanor. This penalty may be a substantial fine, or even a prison term.
Refusing to allow the noncustodial parent to take the child at the court ordered time is one example of visitation interference, but a parent who schedules extracurricular activities during the other parent’s visitation may also be interfering. The court may determine that the activities are reasonable and order that the noncustodial parent receive compensatory time, or it may be considered a willful attempt to violate visitation rights.
How to Address Non-Payment Without Violating the Visitation Order
If your ex isn’t paying child support, but you don’t want to violate the visitation order, consider these steps:
- File a Contempt Motion: Let the court know that your ex is violating the child support order, and request that they take action.
- Seek State Enforcement: Contact the Illinois Department of Healthcare and Family Services to initiate enforcement actions like wage garnishment or license suspension.
- Work With an Attorney: An experienced child support attorney can help you explore additional enforcement options, such as placing a lien on your ex’s property or garnishing bank accounts.
Following the court’s orders for both child support and visitation protects your rights and ensures that you remain in compliance with the law.
Are you dealing with an ex who won’t pay? Contact Illinois child support attorney Roger Stelk at 847-506-7330 for a free consultation.
