Can I Stop My Ex From Seeing the Kids If He Is Behind on Child Support?

 Posted on February 06, 2026 in Child Support

Your ex has not paid child support in months. Bills are piling up. You are struggling to buy groceries and pay for school supplies. So when Friday comes and it is time for your ex to pick up the kids, you think about saying no. If he cannot help support the children financially, why should he get to see them?

This thinking makes sense emotionally. But legally, it can get you in serious trouble. In Illinois, child support and child custody are completely separate issues. You cannot withhold visitation because your ex is behind on support payments. Our DeKalb County child support attorney can explain your options and help you get the child support you need.

Why Are Child Support and Visitation Separate Under Illinois Law?

Illinois courts treat child support and visitation as two different rights with two different purposes. Child support is the right of the child to receive financial help from both parents. Visitation, called parenting time in Illinois, is the right of the parent to spend time with their child.

The law starts with the rebuttable presumption that children benefit from having relationships with both parents. This remains true even when one parent fails to pay support. Judges believe that punishing a parent by keeping them from their kids actually punishes the children more.

750 ILCS 5/505 covers child support obligations while 750 ILCS 5/602.10 deals with custody and visitation. These are separate statutes because they address separate issues. One parent breaking the support order does not give the other parent permission to break the custody order.

What Happens If You Stop Your Ex’s Visitation Because of Unpaid Child Support?

If you refuse to let your ex see the children because they owe support, you are violating a court order. Your ex can file a motion for contempt against you. The judge can hold you in contempt of court for denying court-ordered visitation.

Contempt findings can lead to fines. The court can also order you to pay your ex's attorney fees for having to file the motion. In serious cases, judges can even change custody arrangements. A parent who repeatedly violates visitation orders might lose primary custody.

You could also be ordered to make up the missed parenting time. This means your ex gets extra time with the kids to replace what you denied them. This outcome is the opposite of what you wanted when you withheld visitation.

What Should You Do If Your Ex Is Not Paying Child Support?

You have legal options when your ex falls behind on support. Illinois has strong enforcement tools through the Illinois Department of Healthcare and Family Services to help you collect what you are owed, although an attorney can usually help you take action to recover child support faster. Keep detailed records of missed payments, including dates and amounts. This evidence helps your case when you go to court for enforcement.

With your lawyer’s help, file a petition for contempt for failure to pay support. This is a separate legal action from the visitation issue. The court can find your ex in contempt for not paying. Contempt for unpaid support can result in fines, jail time, or both.

What Do Courts Do About Unpaid Child Support? 

When one parent falls behind on child support, Illinois gives courts and state agencies several powerful ways to enforce payment.

Income Withholding

One of the most common tools is income withholding. Child support can be taken directly from the paying parent’s paycheck before they ever see the money. If the parent changes jobs, the withholding order can follow them.

Tax Refund Interception

The state can also intercept tax refunds, including federal refunds, and apply that money to past-due support. These methods often work well because they do not rely on the parent choosing to pay.

License Suspension 

Illinois can suspend driver’s licenses, professional licenses, and even recreational licenses until support is brought current or a payment plan is set.

Contempt of Court

In more serious cases, the court can hold a parent in contempt, which may result in fines or jail time.

The right enforcement tool depends on the facts of the case, but the goal is always the same: to make sure you can get consistent financial support for your child without interfering with parenting time.

How Long Does a Child Support Recovery Motion Take? 

If you are thinking about filing a child support recovery motion, the timing really depends on how complicated the situation is and how busy the court is. In many Illinois cases, it can take a few weeks to a few months from the time you file until the judge makes a decision.

If your paperwork is complete, the other parent is properly served, and there are no major disputes, things usually move faster. Delays often happen when a parent cannot be located, asks for continuances, or disputes the amount owed. Regardless of how long it may take, file as soon as you can and stay organized, because preparation and follow-through make a real difference in how quickly the court can act.

When Can I Keep My Kids From Going to Visitation with the Other Parent? 

You can only keep your kids from going to visitation in very limited situations. In Illinois, parenting time can be restricted or stopped only if there is a serious and immediate risk to the child’s physical, mental, or emotional health, such as abuse, neglect, or dangerous behavior. Even then, you usually need a court order to stop them from going.

Outside of true emergencies, you cannot just decide on your own to block visitation, even if the other parent has not paid child support or is difficult to deal with. If you are worried about your child’s safety, the safest move is to contact your attorney and ask the court to modify or suspend parenting time as quickly as possible.

Call a DuPage County, IL Child Support Attorney Today

Dealing with an ex who will not pay support is frustrating and stressful. You have bills to pay and children to feed. But protecting your legal rights means following the court orders even when your ex does not.

Contact The Law Office of Matthew M. Williams, P.C. at 630-409-8184 for a free consultation about your child support case. When you call, you will speak with an experienced DeKalb County, IL child support enforcement lawyer who understands how to enforce support orders effectively. With more than 45 years of legal experience as a former prosecutor, our firm knows how the system works and how to get results.