What can law do to a mother that doesn't allow visitations for a father who doesn't pay child support.

Question

Family Law in Illinois. What can the judge do to a mother who against the judgement keeps the children away from the farther due to his non payment of child support.

Answer 1

Pay the child support...then there would be no reason....

Answer 2

While they are separate issues and the Judge could reconsider custody, visitation arrangements or even find the mother in Contempt of Court unless she was able to prove abuse or that the child would be endangered, the father could be face imprisionment for the same charges due to failing to pay Child Support. This is not a situation you want to enter into without contacting a lawyer that specilizes in Family Law in your state or talking with your ex to see if some payment arrangement that you can stick to can be worked out (which would be better and cheaper for all parties involved in the long run, but not always possible).

Answer 3

I sympathize with you on this, as I know exactly what you are going through. I'm no lawyer, so I can't provide any professional advice, but this is something I looked into myself because I was in a similar situation - only there was no visitation agreement with my case, the decree simply stated that visitation would be agreed upon or otherwise settled in court (my ex was a no-show at the preceedings so everything kind of fell in my favor).

I believe that it all depends on what is stated in the Custody/Visitation agreement, as well as state law. If the agreement does not specify that payment of child support is a stipulation to visitation, then I don't think you have any legal ground to disallow him the right to see his kids - unfortunately. I think it should be a stipulation - if someone's not willing to help care for their kids, why should they be allowed the opportunity to take part in the life that they no longer take responsibility for? I wanted to do the same thing with my ex, but for me visitation didn't become an issue because he didn't even care enough to follow through with that, let alone pay child support.

Be careful with this one, as you don't want him to get the idea in his head to bring suit against you for going against the Custody Agreement.

I think the best thing you can do is consult the lawyer who represented you in your case - if you had one. If not, definitely consult a lawyer or go to a legal aid office.

Good luck, hon... I know first hand how hard it can be. Just hang in there and you'll get through it - have faith!

Answer 4

The court may find the mother in contempt of court, which can mean fines, jail time or both.
Child support is not a fee paid so a father can spend time with his children and should never be used by a mother as such. If the father does not pay child support the mother needs to go through her local child support enforcement agency and not use her children as leverage in her battles with the father.

Answer 5

The mother needs to allow the father to see the children despite the fact that he is nto paying the support. Two wrongs don't make it right in the courts eyes.
The mother needs to take the father back to court on the child support. No two ways about it.

Answer 6

there is what's stated as the Estoppel Doctrine, (already an contemporary regulation) meaning that if a guy has taken on the function of "father" and have been helping the baby emotionally and financially, he's seen the father, in spite of the DNA. In turn, bio-fathers who circulate slowly out of the woodwork and insist "rights" to infants they have not been in contact with don't have "rights" based fullyyt on DNA. as nicely, if a pair divorces and the toddler seems to not be the bio-baby, the husband is had to pay baby help by way of fact he nicely-known the function as father without question only before the divorce. via a similar token, a mom can not deny the father any rights to the baby via claiming the baby "isn't his". in actuality, the definition of Estoppel potential "while a guy (or female), via his words or habit, has led yet another to believe in a particular scenario, he won't be allowed to circulate decrease back on it while it would be unjust or inequitable for him to realize this."

Answer 7

he might take the child from the mother and give the child to their father even if the man don't pay child support she still have to let the man see the child. she need to go to court and push that the judge do something about him not paying her child support. it takes a sorry man that wont help take care of his child.

Answer 8

I think child custody should be taken away from her and given to the father. How dare she use the children as a wedge in a money matter? The kids don't care how much, how often, or when money is exchanged. It will cause them to hate the mother, as it should.

Answer 9

Law is always Law. Why not found out from your father,why he is not supporting his own child.If he has any financial problem. If so, consult your mom to be open minded for such pretty man like him that you, children would like to see him once in a blue moon. But always remember that your mom was afraid that your father may take away you(children) from her went she agreed to it.So children, you must be faithful thoroughly to your mom if she agreed. Do not make her worry about this in her life with you all. Good Luck.

Answer 10

I dont know about your state...but I know that he can file charges against you. My ex-husband is $80,000 in back child support and I still let my sons see him. It is not their fault that he is the way he is. You can take him to court file charges of non- complaint of childsupport and try to have him arrested.

Answer 11

You might start by paying child support. But in most states they are separate agreements and she can't keep them from you.