Divorced Illinois parents who have to pay child support should be aware that if their exes missed a payment, that doesn't excuse them for being responsible for it. The obligation to make delinquent child support payments will continue.
Parents who are late submitting their child support payments are referred to as being 'in arrears." Any orders for child support that was supposed to have been paid before the child turned 18 will still be enforceable.
The cutoff age for when the child support obligation is discharged will depend on the state. The payments can be discontinued at the age of 18, 19 or 21. The state can also dismiss the need for the payments if the child has become emancipated.
There are multiple ways state and federal authorities can try to collect overdue child support payment. Parents who are in arrears can have their wages garnished, tax refunds seized, liens placed on their properties or their driver's licenses or passports revoked or withheld. Enforcement officials can even require that a delinquent parent serves time in jail.
Parents who are owed late child support payments should also be aware that there may only be a limited time after their children turn 18 that they may be able to collect them in some states. This is due to the states' statutes of limitation. Returning to court and having a child support order renewed may be one way to circumvent the restricted time.
A family law attorney may assist a client in resolving a wide range of divorce issues, such as child support. If the other party is not submitting payments as agreed upon in the divorce settlement, a lawyer may petition the court to begin enforcement procedures. An attorney may also request child support modifications.