What Can I Do If My Ex Stops Paying Child Support?

 Posted on June 17, 2025 in Child Support

When a parent refuses to pay court-ordered child support, the consequences can cause immense stress. The custodial parent may suddenly be left to cover all of the child’s expenses, from groceries and school supplies to medical bills and housing. Worse yet, the child may face disruptions to his or her routine, education, or overall stability. 

If your ex has stopped making child support payments, it is important to understand your legal options. A Will County, IL family law attorney can guide you through the proper steps to ensure your child receives the support he or she is legally entitled to receive.

What Should I Do First If Child Support Payments Stop?

If you notice that payments have stopped, the first step is to confirm the details of your child support order and start keeping detailed records. Make sure you note:

• The amount owed and the dates of missed payments

• Any attempts you have made to communicate with your ex

• Any written responses or explanations he or she has given

It is helpful to try communicating with your ex to determine if the missed payments are due to a temporary hardship or confusion, as child support cannot be ignored or suspended without a court-approved modification.

How Is Child Support Enforced in Illinois?

Child support enforcement is overseen by the Department of Healthcare and Family Services (HFS), Division of Child Support Services. The law gives the state and the courts broad authority to enforce support orders. If it is not paid, the following enforcement tools may be used:

• Garnishing wages or seizing bank accounts

• Intercepting tax refunds and lottery winnings

• Suspending driver's or professional licenses

• Holding the non-paying parent in contempt of court, which can result in fines or jail time

Can I Take My Ex Back to Court?

If your ex refuses to pay, you can file a motion to enforce the existing child support order. The court can compel payment, set deadlines, or hold the non-paying parent in contempt. Judges take these matters seriously and can impose significant consequences, like fines or jail time, for continuously missing payments.

What If My Ex Cannot Afford the Payments?

If your ex has truly experienced a financial hardship, he or she must ask the court for a modification of the support order. A claim of economic difficulty is not enough to excuse nonpayment. Until the court grants the change, the original order remains in effect and must be followed. 

In some instances, the court may find that a parent is voluntarily underemployed or unemployed to avoid paying child support. When that happens, the court can estimate income based on the parent’s previous earnings or earning potential and set support payments accordingly.

Can I Deny Visitation Until My Ex Pays Child Support?

Parenting time and child support are separate legal issues. Even if your ex is behind on payments, you are not allowed to deny him or her access to the children if a visitation order is in place. Doing so could lead to legal consequences for you and complicate your custody situation.

Contact a DuPage County, IL Family Law Attorney

If your ex has stopped making child support payments, you should seek legal assistance as soon as possible. A Naperville, IL child support lawyer at Law Office of Ronald L. Hendrix, P.C. can help you enforce the order through the court or state agencies and work to recover the financial support your child deserves. Call 630-355-7776 to schedule a free consultation and learn more about how we can protect your child’s right to support.