My Ex Refuses to Pay Child Support. Can I Withhold Their Parenting Time?
Posted on January 12, 2026 in Child Support
When your ex-spouse stops paying child support, it can feel like a betrayal. You may be tempted to fight back by refusing to let them see the children. While this reaction is understandable, Illinois law does not allow parents to take matters into their own hands like this.
Child support and parenting time are separate legal issues in 2026. Withholding one because of problems with the other can get you into serious legal trouble. If your ex is not paying child support, our Wheaton, IL child support lawyers can help you take the right steps to hold them responsible.
Not Paying Child Support Isn’t a Legal Reason to Stop Your Child From Seeing Your Ex
Because child support and parenting time are two separate things in Illinois, the parent who is supposed to receive child support cannot just decide to keep the children away from the other parent if payments are late. If you withhold parenting time without a court order, you could face serious consequences.
A judge might hold you in "contempt of court" (failing to follow the judge’s orders), give more parenting time to your ex, or even change custody arrangements. In extreme cases, repeated violations could lead to a parent losing parenting time or decision-making authority.
The courts understand that it is frustrating when an ex does not pay child support. Judges also believe that children benefit from having relationships with both parents. This is why Illinois keeps these issues separate.
What Can I Do if My Ex Stops Paying Child Support?
If your ex is not paying child support, you have options that do not involve breaking the law yourself. Illinois provides several ways to enforce child support orders through the court system:
Filing a Petition for Contempt
You can ask the court to hold your ex in contempt for not following the child support order. If the judge agrees, your ex could face fines or even jail time. The court will look at whether your ex had the ability to pay and chose not to, or whether they truly could not afford the payments.
Wage Garnishment
The court can order your ex's employer to take child support payments directly from their paycheck before they even receive it. This is called "wage garnishment" and is one of the most effective ways to collect child support. Under 750 ILCS 5/706.1, Illinois courts have the authority to order income withholding for child support.
License Suspension
Illinois can suspend different licenses if a parent falls far behind on child support. This includes driver's licenses, professional licenses, and recreational licenses like hunting or fishing permits. Losing a driver's license can make it very difficult for your ex to get to work, which often motivates them to start paying again.
Tax Refund Interception
The Illinois Department of Healthcare and Family Services can take state and federal tax refunds to pay overdue child support. If your ex owes a significant amount, their tax refund can be given to you.
Liens and Seizure of Assets
The state can place liens on your ex's property, including real estate, vehicles, and bank accounts. A lien is the right to hold onto someone else’s assets until they pay off a debt. The ex cannot sell the property with a lien on it until the child support debt is paid off.
What if My Ex Claims They Cannot Afford to Pay Child Support?
Your ex may tell you they cannot afford child support, but this does not automatically excuse them from paying. If their financial situation has really changed, they need to go through the proper legal process to modify the child support order.
Until the court officially changes the order, your ex is still required to pay the full amount. If they stop paying without court approval, they are violating the order and can face the enforcement actions described above.
Do I Need a Lawyer to Enforce Child Support?
While it is possible to take legal action on your own, working with an attorney makes the process much easier. A family law attorney can help you file the right paperwork, give evidence to the court, and make sure you follow all the proper procedures.
An attorney can also help you understand what solutions make the most sense for you. Some cases call for wage garnishment, while others might do better with a contempt petition. Some need several enforcement methods at once.
Contact a Wheaton, IL Child Support Attorney for a Free Consultation
If your ex is not paying child support, do not withhold parenting time. Instead, take the right legal steps to enforce your child support order through the Illinois court system.
At Andrew Cores Family Law Group, our DuPage County child support lawyers help parents in Illinois navigate these difficult situations. Andy Cores is currently a Fellow for the Collaborative Law Institute of Illinois and also served as a past member of his TEC Committee. Call us today at 630-871-1002 to schedule your free initial consultation.
