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Oct 05
2008
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Ask a Lawyer: Does denial of visitation justify refusal to pay child support?Posted by: Dads Divorce on Oct 5, 2008 Tagged in: Visitation , Visitation , Visitation , support , Parenting , motion , IL , IL , enforcement , custody , custody , Ask A Lawyer
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Question:
My husband has a child from a previous marriage and his child and mother have stop our visitation. Is that legal and are we obligated to pay the full amount of child support?
Answer:
I cannot answer your question specifically to the laws of IL as I am not licensed in that State. You need to consider an enforcement action such as a Motion for Contempt or Family Access Motion. You could also consider a Motion to Modify the visitation and custody schedule. The refusal of custody can often be a basis to change custody. Generally you are required to pay the support in this situation. The theory is that you would be harming the child if the support was not provided.
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