Parenting Time and Child Support in Illinois: Why Withholding Parenting Time is Not an Option

In Illinois, many parents facing custody and support disputes may wonder: “What happens if the other parent isn’t paying child support? Can I withhold parenting time?” While frustrations can run high when child support payments fall behind or are completely non-existent, it’s essential to understand that Illinois law keeps child support and parenting time as separate legal matters, for good reason.

Under Illinois law, withholding parenting time due to unpaid child support is not only inadvisable but can also lead to significant legal consequences. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), child support and parenting time (formerly known as custody and visitation) are treated as two independent issues to be addressed by the court, mediators, and the attorneys. This means that one parent’s failure to pay child support does not give the other parent the right to withhold court-ordered parenting time. The state’s legal philosophy is rooted in the belief that children should maintain a relationship with both parents, regardless of financial disputes and that money should not be a factor in seeing one’s child.

Child support and parenting time are separate issues because Illinois follows the best interest of the child standard.  This means that the courts prioritize the child’s well-being and the child’s best interests over parental conflicts related to financial support. The relationship between a parent and child is seen as vital in health and development and withholding parenting time can be detrimental to the child’s emotional health. Simply put, the state firmly believes that financial issues, like unpaid child support or a lack of contribution to child expenses (such as sports, education, healthcare costs, babysitters, and the like), should not interfere with the child’s ability to spend time with both parents.

Withholding parenting time due to unpaid child support can backfire,  legally speaking. If a parent refuses to follow the court-ordered parenting schedule then they may be found in contempt of court.  To further complicate matters would be to try and present a defense that the reason you are doing so is due to unpaid child support. This can lead to fines, sanctions, or even a modification of the parenting time arrangement in favor of the non-violating parent, explained further as follows:

Contempt of Court: Refusing to follow a court order regarding parenting time can lead to a contempt of court ruling, which may include penalties such as fines or in extreme circumstances, jail time.

Modification of Parenting Time: If the court sees a pattern of withheld parenting time, the offending parent could see their parenting time reduced.

Damaged Parent-Child Relationship: Interfering with the other parent’s time can affect the child’s relationship with both parents. The court may view this negatively, as it goes against the child’s best interests.

If you are dealing with a parent who is not paying child support, there are legal avenues to address this issue without impacting parenting time.  First, your attorney can request the court to enforce the child support order with the filing of a relevant pleading. Illinois courts have various methods to acquire payment, including wage garnishment, suspending driver’s licenses, or even jail time for significant non-compliance. Secondly, the Illinois Department of Healthcare and Family Services (Division of Child Support Services) can help you collect unpaid child support through methods such as income withholding, seizing tax refunds, or placing liens on property.

Instead of withholding parenting time, consider mediation or appointment of a parenting coordinator. A mediator can help you and the other parent come to an agreement or resolve misunderstandings about child support and parenting time while a parenting coordinator can help resolve disputes and facilitate better co-parenting communication. However, if child support arrears are becoming a serious issue, consulting with a family law attorney can help you explore your legal options without risking a violation of your own parenting responsibilities.  Reach out to Jennifer Ward of Ward Family Law for a consultation today: 312-803-5838 or jward@wardfamilylawchicago.com.

While it’s frustrating when the other parent fails to fulfill their financial obligations, withholding parenting time is not the answer under Illinois law. Child support and parenting time are separate matters, and violating a parenting order can lead to severe legal consequences. Instead, use the legal tools – lawyers, mediators, Judges, parenting coordinators – available to enforce child support payments while continuing to prioritize your child’s relationship with both parents. By following the correct legal channels, you protect both your rights and the well-being of your child.