Child support can provide stability and continuity for children after a parent separation or divorce, but the process can become complicated if an ex-spouse stops paying child support or never pays in full. This is when it becomes important to know how to enforce a child support order in Illinois.
In fact, the non-payment of child support is a serious problem in Illinois and throughout the nation. However, parents can take legal action to enforce a child support order and collect child support arrears.
About Stange Law Firm
At Stange Law Firm, we believe that all children in Illinois should receive the child support they are owed. We understand that pursuing missed payments can be extremely frustrating, especially if you are raising your child on your own.
Our family law attorneys represent clients throughout the region, including cases in the Shawnee County Courthouse and surrounding jurisdictions. We focus on enforcing your support order as efficiently as possible and keep your child’s best interests in mind.
Child Support Orders in Illinois
Child support in Illinois is established by the Illinois Marriage and Dissolution of Marriage Act. In determining the amount of child support to award, Illinois follows the Income Shares Model, which factors in each parent’s income and the child’s needs.
A child support order is issued by a court and legally obligates the parent who must pay support to make regular payments. This can occur in several ways, such as through payments to the other parent, wage withholding, or the Illinois State Disbursement Unit (SDU). When payments cease or become irregular, the parent who should have received child support can begin enforcement proceedings.
For orders based on imputed income, the actual payment of current support due was 45%, while for orders not based on imputed income, it was 58%. Additionally, 71% of orders that were not set at the minimum amount had payments, compared with just 46% of minimum orders.
How to Enforce Child Support Orders
Illinois parents have several enforcement mechanisms available to them to receive unpaid support. Enforcement may be sought through the Illinois Department of Healthcare and Family Services (HFS) Division of Child Support Services, or directly through the courts with the assistance of a family law attorney.
Withholding Income
The most frequent enforcement tool is automatic income withholding. The employer of the parent with financial responsibility will begin paycheck deductions after the order becomes active. If the paying parent changes jobs, they must inform both the other parent and the court. They can be held in contempt or fined if they fail to provide this notice.
Contempt of Court
A parent may be found in contempt of court if they willfully fail to pay child support even though they have the resources to do so. This is a serious issue. Penalties for contempt may include:
- Financial penalties
- Wage garnishment
- Bank accounts being seized
- Suspended driver’s license
- Suspended professional license
- Incarceration, often as a last resort
The court will typically allow a parent to purge the contempt by entering into a payment plan or paying a portion in arrears before imposing a jail sentence.
Taking Away Tax Refunds
The state may seize a parent’s federal or state tax refund and use it to pay off past-due support. Additionally, the Illinois Department of Healthcare and Family Services can intercept:
- Benefits for unemployment
- Settlements for workers’ compensation
- Some lottery winnings
Without going through the court system, these enforcement tools can help collect past-due support.
Property Seizure
The personal assets of a delinquent parent, including real estate and vehicles, are subject to liens. Once a lien is filed, the property in question cannot be sold or refinanced until the debt is paid. In some cases, the court can order the sale of the person’s assets.
Out-of-State Enforcements
If the other parent moves out of Illinois, the UIFSA provides for enforcement of the order in other states. The parent receiving support can contact Illinois HFS or an attorney to work with the other state to ensure that the Illinois order is enforced, rather than the matter being reopened in the new state of residence. Even when a parent crosses state lines, the obligation to pay child support remains unchanged.
FAQs
Q: What Can I Do if My Ex Stops Paying Child Support in Illinois?
A: If your ex is court-ordered to pay child support and then stops, you can ask the court to enforce the order or hold your ex in contempt. You can also contact the Illinois Department of Healthcare and Family Services (HFS), which has enforcement tools such as wage garnishment, tax refund interception, and other methods to collect child support payments. A family law attorney can walk you through these options.
Q: Can a Parent Go to Jail for Not Paying Child Support in Illinois?
A: Yes, but only if they have the ability to pay and refuse to do so. The court can find them in contempt and order them to jail. In most cases, this is a last resort. Judges will usually give the parent the opportunity to pay part of what is owed or to set up a payment plan before ordering jail time.
Q: Can My Child’s Other Parent Modify the Support Order Instead of Paying?
A: Yes, they can, but only by going back to court. A parent who has a substantial change in income or circumstances can ask the court to modify the support order. However, until the court approves the change, the parent must still pay according to the original order. Not doing so can result in enforcement or contempt penalties.
Q: How Can a Family Law Attorney Help With Child Support Enforcement?
A: A lawyer can file motions to enforce the order, work with HFS, track down the other parent’s employer or assets, and present evidence in court. A lawyer can also negotiate payment arrangements and seek contempt, if necessary. Hiring an attorney helps move your case forward promptly while safeguarding both your rights and your child’s needs.
Contact Stange Law Firm
If you need help with enforcing a child support order, Stange Law Firm can help you do so. Contact us today to schedule a consultation.