What to Do If You Cannot Afford Your Child Support Payments

 Posted on August 18,2021 in Child Support

  Child support is designed to help pay for housing, food, education, and other necessities for children. In Illinois, how much a parent pays for child support is primarily based on the parents’ net incomes. Child support payments are calculated in such a way that parents should be able to afford their monthly payments. However, sometimes parents fall behind on their child support payments for one reason or another. If you can longer afford your child support payments, you might wonder how you should handle the situation.

Consequences for Not Paying Child Support in Illinois

Parents who willfully fail to pay child support can face legal problems in Illinois. Here are several consequences a judge may impose on them:

• Wage garnishment- If a parent is behind on child support payments, the other parent can contact the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS) and ask them to call their employer and have the payments deducted from their paychecks.

• Property liens - The DCSS can impose a property lien on the parent’s property. 

• Driver’s license suspension - If a parent is delinquent on child support payments, the court may suspend his or her driver’s license. Not having a license can make it difficult for the parent to go to work, doctor’s appointments, and other important places.

• Jail time - A parent who fails to meet his or her child support obligations may even face jail time for contempt of court.

Relief for Past-Due Child Support 

If you are currently behind on your child support payments, it is important to notify the other parent and the Illinois Department of Healthcare and Family Services (HFS) Child Support Services promptly. The state has a “Clean Slate Program” that permits some parents to erase their past-due child support. To qualify for the program, you have to prove that you could not make the support payments because you were unemployed, incarcerated, or had a severe illness. For example, if you were terminated from your job, you could ask your former employer to submit a termination letter. You must make your regularly ordered child support payments on time for six months in order to qualify for child support debt relief through this program. 

Child Support Modification 

If your financial circumstances have changed significantly since the original child support order was established, you may be able to modify the order. You can request a modification review through the DCSS. If the DCSS grants the modification review, you and the other parent will be asked to submit proof of income such as paystubs. A judge will review the information and determine if a child support modification is appropriate.

Contact a Kane County Family Lawyer

If you can no longer afford your current child support payments, an Aurora, IL child support attorney from the Law Office of Matthew M. Williams, P.C. can help. We understand what a difficult situation you are in and can discuss your legal options with you. Call 630-409-8184 to schedule a confidential consultation.

Sources:

https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs8253.aspx

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505