How Can I Collect Past-Due Child Support in Illinois?

 Posted on March 20,2020 in Child Support

The state of Illinois, like most other states, acknowledges that it is the duty of both the mother and the father to financially provide for a child. In situations where parents were married but got divorced or were never married but are now no longer together, child support is ordered to ensure the child is being provided with the essentials that he or she needs. Child support orders are legally enforceable orders, meaning someone can face consequences if he or she does not pay support as ordered. Unfortunately, this does not stop some parents from violating orders and refusing to pay child support payments. However, safeguards are put in place to help parents enforce and collect past-due child support that is owed to them.

What Happens When Payments Are Delinquent?

Once a parent becomes delinquent on child support payments, he or she will be in violation of the court's orders. If the other parent has not received child support payments on time or in full, he or she should work with a family law attorney to pursue enforcement of child support through the court. In many cases, the court will order that the paying parent's wages should be garnished, and an order will be sent to the parent’s employer requesting that they withhold an extra specific amount to cover the delinquent amount. Income will be withheld from the parent until the amount owed is paid in full. Any amount of child support that is owed must be paid in full, along with interest on past-due payments.

If necessary, the court may use a variety of other remedies to collect past-due child support, including:

• Intercepting state and/or federal tax refunds

• Intercepting lottery, casino, or racetrack winnings

• Seizing bank accounts

• Placing liens on property

• Submitting the past-due amount to a collections agency

• Submitting to credit reporting agencies

If your spouse does not pay the child support that is owed, he or she can be held in contempt of court. This means he or she can face criminal penalties and other consequences for delinquent behavior. 

Contact a Kendall County Divorce Lawyer

Child support serves to help the custodial parent pay for a portion of the costs associated with raising a child. Child support is often put toward necessities, such as the child’s clothing, food, living expenses, and education. When the non-custodial parent is not contributing to these costs, this can put stress on the custodial parent. If your child’s other parent has not been paying his or her share of child support, even though he or she was issued a court order to do so, it is imperative that you consult a skilled Yorkville child support attorney. At the Law Office of Matthew M. Williams, P.C., we can help you enforce a child support order and collect any past-due funds that are owed to you. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

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

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/ElectronicPayments.aspx