Enforce Court Ordered Child Support
If a parent repeatedly fails to pay the child support they owe, they would likely be served and ordered to appear in court for a child support hearing. Failure to show up to court will lead to a warrant for their arrest and possible jail time. In addition to criminal prosecution, a parent with over three months or $10,000 of unpaid support might find their picture posted up online or in their local newspaper.
If you have a significant and unforeseen change in circumstance, there are ways to modify an existing order, but there's never an excuse to stop paying altogether.
Parents should do everything in their power to pay what they owe, or at a minimum get in touch with the courts and the other parent to explain why they've fallen behind. But make no mistake, a lack of payment with no reason is likely to end in arrest, not a slap on the wrist.
For Immediate help with your family law case or answering any questions please call (312) 757-8082 now!
Methods of Enforcement
When a parent actively avoids paying their child support, there are a few tools at the court's disposal:
- Wage Garnishments
- The most common form of collecting money that's owed is in the form of wage garnishment. This means that the unpaid child support would start being automatically deducted out of the non-paying parent's paycheck. The court will determine what percentage of wages can be garnished based upon the specific amount owed.
- Intercepting Federal & State Tax Refunds
- Under section 160.70 under Illinois Administrative Code states that the Department of Healthcare and Family Services can intercept tax returns and other payments from government agencies to collect past due child support. So if a spouse falls behind on their child support and has a tax refund heading their way, that money can be intercepted to pay back what's owed.
- Liens Against Property and Assets
- The Department also has the authority to secure liens against real estate and other personal assets belonging to the non-paying parent when the amount of past-due support exceeds $3,500. For example, if a spouse who's way behind on their child support attempts to sell their house, a lien would ensure they couldn't sell the property until the lien was paid off.
- Suspend or Restrict Licenses
- State law also allows for the Department to revoke and suspend any state-issued license belong to someone who's more than 90 days delinquent on their support payments. Most commonly this would mean a driver's license, but it can also apply to professional and recreational licenses as well.
Are you ready to move forward? Call (312) 757-8082 to schedule a strategy session with one of our attorneys.
Frequently Asked Questions
How do you enforce a support order?
You do not enforce a support order yourself, the court enforces it for you. They can do this by ordering the other party to pay or garnishing their wages where they take it right from their paycheck. The court can also do things like suspend their license.
How do you get child support enforced in Illinois?
To get child support enforced in Illinois, file the correct paperwork with the clerk of courts. It is usually easy to prove that they haven’t been paying. You can also get help from Child Support Services.
Does my ex have to pay child support?
Child support is not required in every situation, so your ex might not have to pay child support. To know for sure, look at the child support factors on our child support calculator’s page.
What happens if the father doesn't pay child support?
If the other party doesn’t pay child support like they are supposed to, then they owe the money they missed. This owed money is called arrears. If they don’t pay, they can have their wages garnished, license suspended, and travel limited.
How much back child support is a felony in Illinois?
Getting a felony for not paying child support is not due to a set amount that is owed. Rather, it is a final punishment after previous methods have not worked. For example, if that person is told they cannot leave the state because of the money they owe, and then they leave the state, they can get a felony for that.
Can I take my ex to court for unpaid child support?
Yes, you can take your ex to court to make them pay the unpaid child support. The court will use various methods to enforce the order to make sure they pay what they owe.
How far back can child support be claimed?
You can claim any child support that is still owed. But, if you mean support for before the order was established, it’s usually a year or two before the case.