NON-PAYMENT OF CHILD SUPPORT DOES NOT ELIMINATE VISITATION RIGHTS
Divorced parents in Illinois face serious challenges, especially regarding the care of their children. When one parent is unable or unwilling to provide the financial, personal or emotional support that is considered by the state to be their responsibility, it often leaves the other parent with the burden of taking over as the sole caregiver. This can be difficult, especially if times are tough, but a Libertyville child support lawyer knows that it does not mean that the absent parent has forfeited his or her visitation rights.
The state of Illinois recognizes parenting time and child support as two separate issues. Parents cannot use the non-payment of child support against each other by denying the visitation ordered by the court in a divorce agreement.
Child visitation rights in Illinois
According to state law, visitation is determined in divorce cases based upon the best interest of a child. Unless a parent poses a danger or other risk to a child, the court is not like to prevent a parent from spending time with his or her child. Even if a judge awards sole physical or legal custody to one parent, the other may still have visitation rights awarded as well. A custodial parent does not carry the power to withhold visitation just because child support hasn’t been paid. Doing so could result in being held in contempt, since the action often goes against the decrees set forth in a divorce settlement.
Remedies for missed child support
It can be frustrating and financially straining for a custodial parent when child support payments are missed. While visitation cannot be withheld, the state has set forth other remedies for pursuing child support in the Non-Support Punishment Act. Parents may be able to submit requests with several federal and state agencies that can assist in obtaining missed payments.
Some of the best solutions for non-payment include the following:
- Federal or state tax refund interception
- Wage garnishment
- Revocation of professional or drivers’ licenses
- Child support modification
A Arlington Heights child support lawyer understands that when a parent continues to miss child support payments, he or she could face fines, expungement or even jail time, depending on the total amount and duration of non-payment.
Procuring legal assistance
There are many complex legal issues surrounding child support and visitation. Some parents choose to work closely with a Libertyville child support lawyer to ensure that the proper procedures are followed when attempting to attain back-payments.
Should you have any questions about visitation rights or would like to schedule a free initial consultation, please contact Waltz, Palmer & Dawson, LLC at (847)253-8800 or contact us online.
Waltz, Palmer & Dawson, LLC is a full-service law firm with various areas of service to assist your business, including: Employment Law, Intellectual Property, Commercial Real Estate, Litigation and general Business Law services. Individual services include Estate Planning, Wills and Trusts, Probate, Guardianship, Divorce and Family Law, Collaborative Divorce & Mediation.
This article constitutes attorney advertising. The material is for informational purposes only and does not constitute legal advice.