fbpx
unpaid child support

Unpaid Child Support Payments: The Consequences & Your Options to Collect

unpaid child supportNon-payment of court ordered child support can significantly affect the well-being of a child. Across the nation, only 58% of one-parent households have a court ordered support agreement, and of that percentage, only one-half receive the full support they are owed. [1] In Illinois, non-payment of child support is a serious offense and a series of laws exist to collect delinquent payments and ensure future payments.

In the past 25 years, Illinois has substantially reformed child support laws. Illinois repealed the statute of limitations on the collection of past-due child support. Additionally, past due payments are now subject to statutory interest. [2] [3] The Illinois Non-Support Punishment Act allows the State to charge individuals who fail to pay child support with a misdemeanor or a felony, depending on the circumstances of the case. [4] These changes provide state agencies with a number of options to facilitate the collection of support owed to custodial parents.

State agencies can use a variety of tools for the collection of unpaid child support including:
– Bringing criminal charges;
– Withholding income earned by the delinquent parent;
– Seizing assets or bank accounts in support of repayment;
– Suspending a state driver’s license;
– Submitting the delinquency to credit reporting agencies;
– Denying or revoking U.S. passports;
– Denying or revoking professional, occupational, or recreational licenses;
– Intercepting federal and/or state tax refunds;
– Intercepting lottery or casino winnings;
– Requiring the completion of community service; and/or
– Publishing the delinquent parent’s name, photograph, and amount of support past due
on the Illinois Department of Healthcare and Family Services Delinquent Parents Website. [5] [6]

What are your options for collecting unpaid child support?

With the assistance of an Illinois family attorney, a custodial parent has several options for obtaining support owed by a delinquent parent, including seeking the court’s assistance to make the non-custodial parent comply with support payments. Even if a custodial parent is unsure about the location of the delinquent parent, the Federal Parent Locator Service and the courts can assist attorneys in determining the whereabouts of the individual.
A family attorney can assist a custodial parent in completing an Income Withholding Form. This will inform the delinquent parent’s employer the amount of support funds that have been missed and how much must be paid to make up for the missed support. If approved by the court, money will be taken directly from the delinquent parent’s paycheck and disbursed to the custodial parent in repayment of the owed support.

The experienced family law attorneys at Sherer Law Offices can help you learn about your options for collecting delinquent child support payments or other child support or family law issues. If you have any questions, please contact Sherer Law Offices at 618-692-6656.

The information provided on this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, emails, and communications. Contacting our offices does not create an attorney-client relationship. Please do not send any confidential information to us unless and until such time as an attorney-client relationship has been established.

Past results do not guarantee future results. Every case is different and is decided on its own merits. Any testimonials or endorsements regarding services do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

The choice of a lawyer is an important decision and should not be based solely on advertisements.

[1] https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Programs.aspx
[2] 735 ILCS 5/12-108 (a)
[3] 735 ILCS 5/12-109
[4] 750 ILCS 16/15 (b)
[5] https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf
[6] https://www.illinois.gov/hfs/ChildSupport/delinquent/Pages/default.aspx

Scroll to Top