Child Support Enforcement in Illinois

How to Get Unpaid Child Support

Under Illinois law, you can take a person to court for child support enforcement if:

• They purposefully refuse to pay to support their child or children without a lawful excuse;
• They fail to pay court ordered child support for more than 6 months or owe more than $5,000; or
  \They leave the state with the intent to avoid paying child support.

If one of these things is true, you can fill out the necessary forms then file them with the court. For many child support actions, the Illinois’s Division of Child Support Services (DCSS) can give you legal help^[1]. However, DCSS cannot provide legal advice, modify an order, or get an order for college expenses. If you’re ready to have your own personal lawyer, call Sterling Lawyers, LLC.

If you do pursue someone for the child support you are owed, there are certain actions the court can take.

Illinois Child Support Enforcement Law

Child support can be enforced either by the court or by administrative action. Administrative action means it goes through the Department of Child Support Services rather than the court.

Either way, the laws set out specific ways child support can be enforced. Child support can be enforced by:

• Including the debt on the payer’s credit report;
• Collecting the debt through private collection agencies;
• Placing a lien against any real estate or personal property;
• Placing a lien on an account in a financial institution;
• Suspending or revoking their Illinois professional license, occupational certificate, or hunting or fishing license;
• Suspending or revoking their Illinois driver’s license;
• Denying or suspending the parent’s U.S. passport;
• Requiring them to post a bond, security, or other guarantee of payment when they are not subject to income withholding;
• Intercepting state and federal tax refund payments;
• Requesting state or federal criminal prosecution; or
• Listing their name and photograph on the Department of Health and Family Services’ Delinquent Parents website.

Which method is used to enforce child support depends on the situation. They usually start with one or a few things and continue if necessary. They often start with wage garnishment and only use the more serious methods like criminal prosecution as a last resort.

Wage Garnishment

Wage garnishment is where the DCSS contacts the employer of the person paying child support. They work with the employer, so the money comes right out of the person's paycheck.

The employer is required by law to cooperate with Illinois Child Support Services. This makes sure the employer can’t help them evade paying child support. If the employer is not deducting the child support payments, they will have to pay fines.

License Suspension

Because the government issues licenses, they can suspend or revoke them too. Anyone who has missed support payments for 90 days or more can face losing their license. This is most commonly seen with driver’s licenses but be for licenses needed to practice specific professions in Illinois.

Before taking their license, they receive a warning giving them 60 days to pay off their arrears. If they don’t pay it before the 60 days is up, their license can be suspended until they do pay it.

Some worry this method is counterproductive if it stops them from working and earning an income. To help this, the courts can do things like give limited driving permits for things like driving to work or for medical reasons. Also, they do have the 60 days, so hopefully the prospect of losing their license is enough.

Criminal Conviction

In extreme cases, the person not paying their child support can face more serious charges. They can receive a class four felony, serve jail time for up to six months, or receive fines of up to $25,000. This only happens when they do something like evading child support by leaving the state or owing more than $10,000.

Using Financial Partnerships

If the person who owes child support has their finances connected to another person or to a business, the courts can pursue them as another option. The court can require assets be used to pay off the unpaid child support. This is especially useful when the delinquent person tries to hide their money in a business or with another person.

Considerations