How Can Unpaid Child Support be Recovered in Illinois? 

 Posted on October 25,2021 in Family Law

 Child support payments are legally binding obligations. Once a divorce order has been finalized, parents cannot simply choose not to pay child support because they feel it is unfair or they cannot afford it, nor can former spouses renegotiate child support payments themselves without the assistance of the court. 

If a parent fails to make child support payments, in addition to jeopardizing their children’s well-being, they face serious legal consequences. For the parent who should be receiving child support, the lack of resources coupled with the frustration of recovering payments can present a very difficult challenge. Having the help of a qualified attorney can make the process easier and take some of the burden off of your shoulders. 

Consequences of Failing to Pay Child Support

Illinois has many strategies to bring non-compliant parents current on their child support payments. If a parent does not pay child support, the other parent can notify the Illinois Division of Child Support Services (DCSS), which then begins monitoring the parent who is responsible for paying child support. Additionally, the Illinois Non-Support Punishment Act provides criminal charges for parents who fail to pay, especially if they do so repeatedly. 

Once a parent fails to pay child support for more than six months, or owes over $5,000 in child support, DCSS can request prosecution by the state of that parent. The severity of the punishment is in accordance with the behavior of the parent: the longer the child support is unpaid, the more money that is owed, plus any strategies undertaken by the parent to avoid paying child support (such as fleeing the state or failing to find employment), the more serious the charges will be. Consequences for conviction include fines, driver’s license suspension, wage garnishment, and even jail time. 

Because DCSS is often overloaded with cases, parents working with an attorney may be able to collect unpaid child support more quickly. An attorney can request a hearing with a judge who will require the negligent parent to explain why they have not been making payments. If the parent fails to attend the hearing, they may be arrested. A judge can then order certain remedies, like wage garnishment, to try to force the parent to come into compliance. 

Speak With a Lake County Child Support Recovery Lawyer

A parent who fails to pay child support puts his or her children and their other parent in a dire situation. At A. Traub & Associates, our skilled and compassionate Arlington Heights family law attorneys can help you begin the process of of recovering unpaid child support. We will advocate tirelessly for you so you can give your children the quality of life they deserve. Call our offices today at 847-749-4182 to find out more in a confidential consultation.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000