Can I stop paying child support if visits are refused?

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Can I stop paying child support if visits are refused?

My son lives out of state with his mom. He is now 17 and is saying he does not want visits with me anymore, plus the time that I do see him is significantly reduced. If he does not want to come see me anymore can I legally stop paying child support and health insurance premiums (I pay the full premiums but his mom is supposed to pay the 50% of the premiums and has never paid a dime)?

Asked on November 21, 2011 under Family Law, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Child support and visitation are separate issues.  You won't be able to stop paying child support because visits are refused or visitation is reduced.  You won't be able to stop paying the health insurance premium; however, you can seek enforcement of the court's order regarding your ex-wife paying half the cost of the health insurance premiums.  The failure of your ex-wife to comply with the court order to pay half the health insurance premiums can result in civil or criminal penalties.  You said that visitation was reduced.  If there is a visitation schedule in effect, you can request that the court enforce the agreement/schedule.  The visitation can also be modified.  To address these issues, you can request a hearing by filing an Order to Show Cause with the court with an attached declaration signed under penalty of perjury.  The declaration states the supporting facts.  Attach a proof of service to the documents you file with the court and serve your ex-wife by mail.  You can use a court form proof of service.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless stated otherwise to ________ (name and address of ex-wife) on ______ (date).  You sign and date the proof of service at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.


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