My Ex Moved and Says He Does Not Have to Pay Child Support

 Posted on March 12, 2025 in Child Support

Suppose that soon after your divorce, your ex-spouse remarries and then moves several states away. Although you have done everything in your power to facilitate visitation with the two children you share, he has shown little interest in seeing them. Recently, he has also stopped paying child support.

When you attempt to talk to him about the missed payments, he becomes very defensive, saying he is not responsible for child support since he never sees the children. Additionally, he and his new wife now have two children of their own, which he also uses as an excuse to stop paying child support for your children.

Divorced parents have many issues that complicate their lives, and child support is one of those issues. Many parents who are responsible for paying child support are surprised to find that there is no correlation between whether a parent exercises his or her parenting time and child support. The courts presume that, barring any unusual situations, children are better off spending time with both parents.

Courts also presume that both parents are responsible for financially supporting their children regardless of a move, remarriage, or having more children. If you are having a child support issue with your child’s other parent, it can be important to speak to an experienced Will County, IL family law attorney.   

Is a Move a Legitimate Reason to Quit Paying Child Support?

If a parent is given parenting time, a parenting plan is in place, parental responsibilities are allocated, and that parent is responsible for paying child support, he or she cannot just decide to stop paying child support for any reason. While it is fairly common for divorced parents to remarry and move on with their lives, stopping court-ordered financial support for their children will not be looked upon kindly by the court. In the above situation, the father moved out of the state of his own accord and began a new family.

While there is nothing unusual about that, unless he asks for – and receives – a modification of child support by the court, he cannot simply stop paying. Although he may no longer exercise his right to parenting time with the children, he is still responsible for financially supporting them. Having more children is also not considered a valid excuse to stop paying child support. A parent who has more children can ask the court to modify child support by claiming there has been a substantial change in finances due to supporting more children, but the court may or may not agree.

How is Child Support Collected from a Parent Who Moves Out of the State?

The Uniform Interstate Family Support Act (UIFSA) is an act used by all states to simplify and manage the child support process. The Act helps reduce the difficulties associated with enforcing child support orders by sharing information and enforcement powers between states. States can notify other states and have existing child support orders enforced in those jurisdictions under the UIFSA.

If one parent (and the children) still live in the state where the order was originally issued, that state usually retains control over modifying a child support order. If both parents have moved from the state that originally issued the child support order, then the state where the children live will likely control child support. Not only is it in the best interests of the children to be financially supported, but it is also in their best interests to see both parents, so any family court is likely to encourage this.  

Contact a DuPage County Child Support Lawyer

If you are having difficulty collecting child support from your child’s other parent, it may be time to speak to a skilled Naperville, IL child support attorney from Law Office of Ronald L. Hendrix, P.C.. Attorney Hendrix is a court-appointed mediator who holds a master’s degree in guidance and counseling in addition to his law degree. Our firm offers highly personalized attention as we offer practical advice and realistic options for virtually any family issue. Call 630-355-7776 to schedule a free consultation.