Consequences of nonpayment of child support

On behalf of Stange Law Firm, PC posted in Child Support on Tuesday, September 19, 2017.

Noncustodial parents in Illinois are often ordered by the state court to pay child support. However, sometimes that parent will fail to pay said support to the other parent, which can result in several different consequences.

Time in jail is an option if the amount of the support is significant or the parent simply refuses to pay. If the amount isn’t particularly high or there are circumstances preventing the support from getting paid when ordered, such as the paying parent’s loss of a job, community service may be handed down as a penalty instead.

There are often fines associated with nonpayment of child support. The court has the option of garnishing the wages of the noncustodial parent to ensure that the payments are made as scheduled. If this option is used, then the employer would submit the proper documents about the rate of pay and how often the pay is received. Most of the time, the court will avoid criminally prosecuting the parent unless the amount in arrears reaches $10,000. Federal and state tax refunds can also be garnished for the support that is owed. Other options include suspending the driver’s license or denying approval of a passport.

If a noncustodial parent has been charged with not paying child support as ordered, an Illinois attorney can sometimes negotiate the consequences that are presented. The noncustodial parent might be able to have the support payment lowered if the attorney can show that there are circumstances preventing the payment from being made, such as the loss of a job or a cut in pay.

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