What Happens if a Parent Does Not Pay Child Support in Illinois?

 Posted on October 31, 2017 in Child Support

Whether parents are married, divorced, legally separated, or were never married, they both have an obligation to support their children financially. Failure to pay court ordered child support can result in serious consequences, and parents should be aware of the steps that courts can take to enforce a child support order and punish a parent for non-payment.

Illinois Child Support Enforcement Law

A person is guilty of the offense of “failure to support” when he or she willfully fails to meet his or her support obligations while he or she has the ability to pay them. Illinois law provides several remedies for parents who do not meet their child support obligations, including:

• Contempt of court - A child support order is a court order, and a parent who fails to pay his or her court-ordered child support may be held in contempt of court. This can result in punishments that include being placed on probation or sentenced to jail time of up to six months. During imprisonment, a parent may be permitted to be released in order to work, and the court may order some or all of the earnings from this employment to be paid toward child support.

• Wage garnishment - If a parent is delinquent on child support payments, the other parent can file a request through the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS) to contact their employer and have the amount they owe deducted from their wages.

• Other methods of collection - DCSS may use a variety of other ways to collect child support that is owed, including intercepting tax refunds, seizing bank accounts, and placing liens on property.

• Financial partnerships - If a supporting parent has combined his or her financial records with another person or with a business, the court may require some of the assets of this person or business to be used toward child support payments. This includes any assets which a parent has fraudulently transferred to another person or business entity.

• Driver’s license suspension - If a parent is more than 90 days delinquent in his or her child support payments, the court may order the suspension of their driver’s license. In these cases, a limited driving permit may be issued that will allow the parent to drive to work or for medical purposes.

• Criminal conviction - A parent who fails to pay child support can be convicted of a Class A misdemeanor, which is punishable by up to one year of jail time. If a parent commits a second or subsequent offense, leaves the state of Illinois with the intent of avoiding his or her child support obligation, fails to pay child support for more than six months, or owes more than $10,000 in child support, he or she can be convicted of a Class 4 felony, which is punishable by one to three years in jail. Depending on the amount owed and how long support has remained unpaid, a parent may also be required to pay between $1,000 and $25,000 in fines.

• Interest - Child support payments that are more than 30 days overdue will accrue interest until they are paid.

Contact a Schaumburg Child Support Attorney 

If you are not receiving court-ordered child support payments, or if you are having trouble meeting your financial responsibilities, the compassionate attorneys at A. Traub & Associates can help protect your and your children’s best interests and work with you to reach a resolution. Contact our Schaumburg child support lawyers at 630-426-0196 to schedule an initial consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

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

https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf