What Should I Do If My Child’s Father Refuses to Pay Child Support in Illinois?

 Posted on January 03, 2020 in Divorce

The state of Illinois believes that children deserve to benefit from financial support from both of their children. If your child’s father refuses to pay child support, there are several things you need to know. First, in order to request a child support order from the Illinois family court system, your child’s father must be formally established. There are several ways to accomplish this. Secondly, only child support orders established through the court can be legally enforced. Illinois courts do not have the authority to enforce informal child support orders. If you need help establishing paternity or child support or enforcing a current child support order, a qualified family law attorney can help.

How Do I Officially Establish Paternity?

If you and the child’s father were not married at the time your child was born, the state does not assume paternity. In such a situation, there are three ways that you can establish paternity. First, you and the father can sign a Voluntary Acknowledgement of Paternity and file this document with the Illinois Department of Healthcare and Family Services (DHFS). However, if your child’s father does not admit that he is the father of your child, you may not be able to convince him to sign this document. The second way to establish paternity is to pursue an Administrative Paternity Order through the DHFS. Lastly, you can request an Order of Paternity to be established through the court. The father may be required to submit to DNA testing in order to establish that he is indeed the biological father of your children.

How Do I Get Child Support After Paternity Has Been Established?

After the legal relationship between your child and your child’s father is established, you will be able to pursue child support through the DHFS. If you already have a child support order but your child’s father is not paying, he faces several serious consequences. Child support nonpayment in Illinois is punishable by wage garnishments, property liens, driver’s license suspension, and more. In extreme cases, a father who does not pay court-ordered child support can be sentenced to jail. For help establishing child support for the first time or enforcing a current child support order, contact a family law attorney who is experienced in handling child support nonpayment issues.

Contact a Rolling Meadows Child Support Lawyer

At A. Traub & Associates, our team knows how hard it can be to raise a child without financial support from the child’s other parent. Our knowledgeable Arlington Heights family law attorneys are committed to helping unmarried parents get the financial support they need and deserve. Call our office today at 847-749-4182, and schedule a confidential consultation to discuss your concerns.

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Paternity.aspx

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm