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How Is Past-Due Child Support Collected in Illinois?

Posted on in Child Support

St. Charles family law attorneyWhen contemplating divorce, you may be concerned about how it will affect your children. Even if you and your spouse have been unhappy for years, you may have put off filing to protect your kids’ feelings. Although you may think this is in the best interests of your children, it is sometimes better to end the marriage. Kids can sense the constant tension and turmoil, which can be detrimental to their emotional well-being. Once a couple decides to divorce, there are many issues that need to be addressed, including the division of marital property, child support, spousal maintenance, and the allocation of parental responsibilities.

Child support payments are court-ordered, but in some cases, a parent may fall behind on payments or fail to pay altogether. Since the other parent relies on this financial assistance to care for the children, it may be necessary to enforce the order. If you are struggling to collect child support payments, a skilled family law attorney can advise you of your legal options.

Enforcing Court Orders

In Illinois, child support services are administered by the Department of Healthcare and Family Services’ (HFS) Division of Child Support Services (DCSS). A child support order, however, is issued by the court and enforceable under penalty of law. Therefore, a parent who fails to pay his or her designated child support can be held in contempt of court. In extreme contempt situations, an obligor who fails to pay child support may be convicted of a Class A misdemeanor, which can result in up to one year in jail.

When a parent commits a subsequent offense, leaves the state to avoid his or her child support obligation, fails to make payments for over six months, or owes more than $10,000, he or she can be charged with a Class 4 felony, which carries a punishment of up to three years in jail if convicted.

Besides the criminal penalties, Illinois law also provides certain remedies for collecting child support payments, including:

  • Wage garnishment (Income Withholding for Support)
  • Suspension of driver’s license 
  • Federal and state tax refund interception
  • Interception of gambling winnings 
  • Professional license suspension
  • Suspension of U.S. passport 
  • Placement of liens on property
  • Seizure of bank accounts

The court has the discretion to use one or more of these remedies to help you get the money that you are owed. Your attorney can help you determine the best course of action for your situation. 

Contact a St. Charles Divorce Lawyer

In many divorce cases, child support payments are ordered to properly care for the couple’s children. At the accomplished law firm of Weiler & Lengle P.C., responding to client inquiries is our number-one priority. Our diligent Kane County child support attorneys understand how important child support payments are to you and your children. We will protect your rights to this type of support so you can start the next chapter of your life without worry. To schedule your private consultation, call our office today at 630-382-8050.

 

Sources:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.illinois.gov/hfs/ChildSupport/Documents/102811csac_505.pdf

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx

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