St. Charles Child Support Non-Payment Attorneys

Kane County Attorney Explains What to Do About Unpaid Child Support

When one parent fails to make child support payments on time, both parents suffer. If you are on the receiving end, you may have trouble paying for your children's food, clothes, and other expenses. If you are the payor, you can be subject to substantial penalties.

Do not delay in seeking help. The longer child support goes unpaid, the greater the strain on your own finances and the harder it will be for your co-parent to catch up.

At Goostree Law Group, we understand that anyone can run into financial difficulties. Still, both parents must make the financial support of their minor children a top priority.

If you are the parent to whom support is owed, we can help you with enforcement actions. If you are having trouble making your child support payments, we can help you seek an appropriate modification of your court order.

Options for Enforcing Payment of Child Support

If your co-parent has been making incomplete or late payments, or if they have stopped paying altogether, it is important to take quick action. Three ways to handle this are to:

  • Try to work things out directly with that parent. Depending on the reason for non-payment, you may be able to work something out informally. Just remember, though, that all existing court orders are binding until modified by the court. Also, you cannot withhold parenting time (visitation) from your co-parent in retaliation for non-payment.
  • Contact the Illinois Division of Child Support Services (DCSS). DCSS does not charge for its services, but they are often overworked, and it may take time for their actions to deliver cash into your hands.
  • Contact an attorney in the state where you and the child live for assistance. Goostree Law Group has extensive experience in Illinois child support enforcement. We can generally resolve non-payment problems faster and to your greater satisfaction, particularly if your case has any complicating factors, such as multiple children with unusual school, daycare, and medical costs.

Illinois Legal Procedures for Child Support Enforcement

There are several steps that Goostree Law Group may take on your behalf, including sending a demand letter and requesting a hearing in family court. The non-paying parent (the obligor) will be served with a summons to appear at a hearing to explain their failure to comply with the child support order.

The judge then has several options:

  • Order that child support payments be withheld from the obligor's paycheck if that is not already happening.
  • Set up a payment plan for the obligor to catch up on past-due child support.
  • Order the obligor to provide monthly financial statements to the court to prove their income, if the obligor is self-employed.
  • If the obligor is unemployed or underemployed, order the obligor to seek employment and report periodically to the court on their job search efforts.
  • Issue a judgment against the parent for the amount owed, which can be enforced against any property owned by the obligor, including real estate, cars, bank accounts, and investment accounts.
  • If the parent is 90 days or more behind in their payments, the court may order the suspension of the parent's Illinois driver's license until the court determines that the parent is back in compliance with the child support order. Limited driving privileges may be allowed in the form of a family financial responsibility driving permit.
  • Issue punishments such as community service, fines, and even jail time.

DCSS has additional options for enforcement, including:

  • Seizing a parent's federal and state income tax refunds.
  • Displaying the parent's name and portrait on the Illinois Deadbeat Parents website when more than $5,000 is owed.

Note also that the obligor must pay 9% (as of 2019 guidelines) annual interest on child support that is more than 30 days past due.

Contact a St. Charles Child Support Non-Payment Lawyer

The attorneys of Goostree Law Group will advocate strongly for your interests in matters of divorce, family law, and criminal defense. We serve clients in the Kane County communities of St. Charles, Campton Hills, Elgin, Geneva, Batavia, North Aurora, Elburn, Kaneville, and LaFox. Contact us in our St. Charles office at 630-584-4800 for a free consultation.

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