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Can You Deny Parenting Time if Your Ex Falls Behind on Child Support Payments?

Illinois law states that children have the right to receive support from both of their parents; this includes financial support. Unfortunately, some parents struggle to care for themselves financially. Perhaps they have a spending problem, or maybe they simply cannot hold a job. Whatever the reasons for their shortcomings, failure to pay child support can negatively impact their child and the receiving parent. It can also spark feelings of anger and frustration in the receiving parent, which may cause them to make choices that might cause them more harm than good. 

Parenting Time and Child Support Are Separate Issues

Parenting time is related to the child's right to have a healthy relationship with both parents. Child support is about to their right to receive financial support from each parent. Although both matters are related to the child, and therefore interconnected, each is considered a separate legal issue. True, child support may be determined, at least in part, by the amount of parenting time that each parent has, but there is much more to each of these matters.

Violating a Parenting Time Order

Since parenting time and child support are separate issues, parents cannot restrict parenting time for failure to pay support. In fact, doing so could result in serious consequences for the parent that violates the order. You could be reprimanded by the court, charged with a fine, or your own parenting time privileges could be altered or restricted. Even worse, the defaulting parent could request a reprieve from support payments if they are being denied parenting time rights to their child.

Handling Back Child Support

If your ex-spouse or partner has fallen behind on child support payments, you can seek assistance from the Illinois Department of Children and Family Services (DCFS). Ultimately, this may result in consequences for the defaulted parent, including jail time. However, the courts and DCFS will usually attempt to obtain support payments in other ways first. Examples might include automatic wage garnishment or a withholding of their federal tax return. An attorney can help you navigate through this issue may help as well.

Contact Our DuPage County Child Support Attorneys

If you need help pursuing back child support, need modification, or need assistance establishing a new child support order, turn to The Stogsdill Law Firm, P.C. Dedicated and experienced, our DuPage County child support lawyers will work hard to ensure your child support issues are resolved. We protect your rights and the best interests of your child. Schedule your consultation by calling 630-462-9500 today.

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/FAQs.aspx

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

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Wheaton, IL 60189

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