The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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St. Charles child support attorney

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.

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DuPage County child support attorney

Both parents have an obligation to financially support their children, even if one parent is considered “custodial” while the other parent is “non-custodial.” Because of this, child support exists in the majority of cases that involve parents who are divorced, legally separated, or who were never married in the first place. Child support is intended to be used to help pay for the child’s necessities, such as food, clothing, and shelter. If a parent is subject to a child support order, he or she is legally obligated to make the stated monthly child support payments; otherwise, serious consequences could result. When a parent does not abide by child support orders, it can put a financial strain on the custodial parent, but fortunately, there are steps you can take for enforcement if your child’s other parent has failed to make child support payments.

Defining Failure of Support

If a parent is having a bad month financially, and child support payments are late or delayed, typically no action will need to be taken, as long as the paying parent is able to pay the amount due within a reasonable time period. However, if non-payment has become a pattern, and the parent has not made multiple payments, legal action may need to be taken. A parent is considered to have committed failure to support if he or she does any of the following:

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wage garnishment, unpaid support, Illinois family lawyerThe battle for child support does not always end in the courtroom. In some cases, after child support is determined by the court, the non-custodial parent refuses to pay the expected amount. This defiance of a court agreement can cause the custodial parent financial strain and emotional trauma as he or she attempts to recover the required support payments.

Wage Garnishment an Important Tool

Though the Illinois Public Aid Code authorizes the state to post the photographs and names of those parents who owe more than $5,000 in support payments, and though a list of the most egregious offenders is kept up by the Illinois Child Support Services, much of the monies for support payments are still not collected. Therefore, a solution must be found, such as direct wage garnishment. While this tool is especially effective, family law attorneys need to be aware of the new stipulations enacted by the Illinois Supreme Court regarding procedures for notices of garnishment.

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 child support guidelines, Illinois child support attorney, Illinois divorce attorney, In Illinois, the Office of the State Attorney General manages child support orders, claims, and enforcement. The office manages such issues through its Child Support Enforcement Division, which works closely with the Department of Healthcare and Family Services, handling child support enforcement in every one of the 89 counties in the state.  Statistics reveal that children of divorce who receive child support are more likely to complete education or go on to college. The only way to ensure that children who deserve child support payment are receiving them is to maintain an office of child support enforcement on a state-by-state basis.

If you need help with an order of child support — as either the custodial or non-custodial parent — the first step is to contact the regional office of the Illinois Department of Healthcare and Family Services nearest you. When you arrive at the enforcement agency, you will need to bring:

  • Proof of paternity (either a Voluntary Acknowledgement of Paternity or as much proof as you have in which the birth father “has said or implied that the child is his”;
  • An order of child support;
  • Birth certificates for all children for whom you are seeking support;
  • Records of any support you have received already, if applicable; and
  • Divorce or separation decree or settlement.

While it may seem a straightforward process, there is no specific time frame in which the State can determine or enforce a child support claim. How long the process takes is dependent upon the non-custodial parent’s cooperation. It is also contingent upon the income of the non-custodial parent — if the non-custodial parent is not gainfully employed, for example, it may take much longer for the enforcement of child support orders.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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