Can I Refuse Parenting Time if My Ex Has Not Paid Child Support?

 Posted on July 31, 2026 in Child Support

Withholding parenting time may be very tempting when child support is going unpaid. In spite of the valid frustration this situation can cause, withholding parenting time is not an acceptable solution in Illinois. Taking parenting time into one’s own hands tends to create new legal problems without solving the original one.

If you believe parenting time would place your child in immediate danger, contact an attorney or seek emergency court relief rather than relying on unpaid support as a reason for withholding time.

If your ex is not paying support in 2026, a St. Charles, IL parenting time attorney can help you seek enforcement through the proper channels.

Why Doesn’t Illinois Allow a Parent to Withhold Parenting Time for Unpaid Child Support?

Parenting time and child support are independent obligations. A court order that grants parenting time must be followed regardless of whether support is being paid. Similarly, a court order to pay child support must be followed regardless of whether parenting time is being used. Neither obligation is conditional on the other.

Withholding parenting time – even with legitimate grievances – puts you in violation of a court order. Courts put a high value on children maintaining a relationship with both of their parents. Withholding parenting time interferes with a child’s ability to have that relationship with their other parent. Illinois courts provide an expedited process for addressing interference with court-ordered parenting time under 750 ILCS 5/607.5. Some of these consequences can be serious.  

What Can Happen if You Withhold Parenting Time in Illinois?

A parent who is denied parenting time can file a petition explaining the situation under Illinois law. If the court finds by a preponderance of the evidence that a parent failed to comply with a parenting plan or court order, it may impose several remedies, including:

• Makeup parenting time comparable in type and duration to what was denied
• A civil fine for each instance of denied parenting time
• Reimbursement of any expenses the other parent incurred because of the denial
• A finding of contempt of court
• Payment of the other parent's reasonable attorney fees, court costs, and related expenses, except when good cause is shown

The consequences can become serious. If the court finds a parent in contempt and determines that parenting time abuse occurred, it may suspend the parent’s driving privileges, impose probation, or order periodic imprisonment for up to six months. Repeated interference may also affect a later request to modify the parenting arrangement, although modification depends on the child’s best interests and the applicable legal requirements.

This can understandably be frustrating for a parent who is not receiving court-ordered child support. Regardless of the perceived unfairness of the situation, the best course of action is to follow the correct legal procedures for enforcing the payment of child support.

What Should You Do if Child Support Is Not Being Paid?

Illinois law provides several tools for enforcing child support orders. The parent who is not receiving support may ask the court to enforce the support order. The parent may also apply for assistance through the Illinois Department of Healthcare and Family Services Child Support Services program. When support is past due, courts and Child Support Services may use several methods to collect it.

Income withholding allows support to be deducted from the paying parent’s wages. Child Support Services may also intercept federal or state tax refunds, report past-due support to credit bureaus, place liens on property, or pursue suspension of a driver’s, professional, occupational, or recreational license. A judge may find a parent in contempt and, in cases involving willful nonpayment, impose fines or jail time.

If you are uncertain whether to seek court enforcement, apply for Child Support Services, or take another step, a family law attorney can help you.

Call a Kane County, IL Family Law Attorney Today

Failure to pay court-ordered child support is a serious matter. You have legitimate options for addressing it and for recovering past-due support. The right approach protects your interests without putting your own standing at risk.

Shaw Sanders, P.C. focuses on mediation when possible, but is fully prepared to litigate aggressively if your case requires it. Call our St. Charles, IL child support lawyer at 630-584-5550 for a free consultation today.