FAQ Videos

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

It can be deeply disappointing and difficult when an ex is not paying his or her share of child support. Even though it may seem fair to deny their parenting time or visitation until you receive your financial support, there are other measures you can take. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help explain why denying visitation does not have to be done and help you explore the different options you have.

You may not deny your ex spouse visitation of your child because, under Illinois law, parenting time and paying child support are treated as completely separate issues. The reason for this is because by denying your ex parenting time you are also penalizing your children. The Child Support Enforcement Act of 1984, among other protections, provides you support to help 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;
  • Retracting federal tax refunds in order to pay child support;
  • Revoking a driver's license;
  • Denial issuing them a new passport;
  • Suspending occupational license in certain fields; or
  • Suspending a license to run a business.

The final consequence is jail time. Although, this alternative is not often pursued because if the nonpaying parent is in jail, we or she cannot pay the child support owed.

DuPage County Child Support Lawyers

We are sympathetic with the frustrations that deal with a spouse who is not paying their proper child support payments. However, there are different approaches we can take to engage in so 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.

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250 W. River Drive, Unit 2A
St. Charles, IL 60174
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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree