Illinois parents who are owed child support have the ability to seek to collect it. In many cases, custodial parents may need to go to court in order to potentially recover the back child support that they are owed under the federal Child Support Recovery Act. However, there are certain things that they must do before they go before a judge.
First, parents should have evidence that they attempted to collect the child support from the noncustodial parent. They must also have evidence that the noncustodial parent has not made payments for an extended period of time. Finally, if the parents were not married when the child was born, the custodial parent should have evidence of paternity.
The circumstances under which a parent may be able to recover child support under the Child Support Recovery Act are limited. For example, the judge may consider whether or not the parent attempted to avoid paying the child support that was owed by continuously moving to different states or if the parent has stayed in the same state but still has attempted to hide their whereabouts. The judge may also determine if there is any available remedy for the parent to recover the owed child support.
Although there are parents who attempt to avoid complying with a child support order, others may fail to pay what they owe if their financial circumstances suddenly change. A family law attorney may represent the parent in court and request that the amount of child support should be recalculated based on the parent's new financial situation. If a custodial parent was awarded child support but the noncustodial parent has refused to pay despite the ability to do so, an attorney may go to court in order to request that the judge enforce the child support order.