Legal Question in Family Law in Illinois
In my divorce decree there is no child support amount listed, (ex-wife and I changed the amount to 0) I still paid a verbal amount we agreed too (inconsistently she has iou amount), My visitations have been interfered with ( every other weekend and wed.) because of my inconsistency in paying I have not fought my ex on the interferences but they have been steadily been getting more more frequent and she basically stopped the wed. all together. Obviously this has caused emotional distressed for all involved. She now wants to take me to court on this issue. Currently unemployed and seriously considering bankruptcy. How can I get my visitations back?
1 Answer from Attorneys
There are quite a few issues here. First, you should pay child support as a general principle. Second, everything should be in writing. People jsut get themselves in trouble doing things by oral agreement. Third, there is no connection between child support and visitation. No court will allow a mother to keep the child from you even if you have never paid support in your life. Lastly, your bankruptcy cannot discharge child support arrears. Otherwise half the men in Illinois would instantly declare bankruptcy.
You need to get a lawyer and address these issues, rather than hoping the mother goes along with what you want.