Enforcing Child Support Orders in Illinois

 Posted on January 30,2023 in Child Support

Child support is a crucial aspect of raising a child whose parents are not married, and it is the responsibility of both parents to support their child financially. However, in some cases, one parent may not fulfill their obligation to pay child support. This can create financial difficulties for the parent responsible for the child’s primary care. In Illinois, various strategies are in place for securing unpaid child support and enforcing court orders.

Strategies for Collecting Unpaid Child Support

Several strategies can be used to collect unpaid support when a parent is not paying child support.

• Wage Garnishment- This is a legal process in which a portion of a person’s wages is withheld from their paycheck. This can be done through the court system with an experienced attorney who knows the process.

• Withholding of State and Federal Income Tax Refunds- State and federal income tax refunds for child support payments can be garnished. If you are not receiving your payments, the other parent is at jeopardy of losing their state and federal returns.

• Suspension of Driver’s License and Professional License- If child support is not paid, the non-paying parent’s driver’s and professional licenses can be suspended. This can be a powerful motivator for parents to pay the support they owe.

• Seizure of Bank Accounts and Other Assets- A parent’s bank accounts and other assets can be used for child support payments that are late.

• Reporting to Credit Bureaus- Unpaid child support can be reported to credit bureaus, negatively impacting a parent’s credit score.

Enforcing Court Orders

When a parent is not following a court order for child support, there are several options for enforcing the order:

• Contempt of Court Proceedings -If the court order for child support is not being followed, the parent not paying can be held in contempt of court. This can result in fines or even jail time.

• Modifying Child Support Orders- If a parent’s financial situation has changed substantially, they can petition the court to modify the child support order.

• Enforcing Medical Support Orders- In Illinois, parents are required to provide health insurance for their child. If a parent is not providing health insurance as ordered by the court, you and your attorney can take steps to enforce the order.

• Modifying Orders for Parenting Time - If a parent is not following a court order for child support and also seems uninterested in being part of the child’s life, you may want to petition to see if you can modify the parenting time order. However, it is important not to decide to withhold parenting time when child support is not paid without a modified court order. 

Contact a Naperville, IL Family Law Attorney Today

If you are having difficulty collecting unpaid child support or enforcing court orders, it is important to seek help from an experienced family law attorney. A skilled DuPage County child support lawyer can provide assistance in helping you enforce a court order for child support. Contact a Naperville, IL family law attorney today to get started. Call Calabrese Associates, P.C. at 630-393-3111.

Source: https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59