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Illinois Law - If One Spouse Interferes With Visitation, May The Other Stop Making Payments? If one spouse prevents another from visitation, the thwarted spouse still must pay spousal maintenance and child support. Section 5/509. Cases: Comiskey (1977) 8 Ill.Dec. 925, 48 Ill.App.3d 17, 366 N.E.2d 87 (The court concluded that a party may not withhold alimony and child support just because the other party is interfering with visitation. The mother, who had custody, had allegedly told the father that she would not permit him to visit with the daughter. As a result, the father stopped the alimony and child support. The court said that the husband should have kept on paying the alimony and child support. The husband should then have gone back into court to enforce the visitation.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Illinois divorce law page. Click here for the Illinois divorce legal table of contents. | |||||||||||||||||||||||||
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