Recovering Delinquent Child Support in Illinois

 Posted on June 10, 2021 in Main

Achieving a child support plan between two parents who are no longer together can be a very difficult task. After the court determines a payment plan based on the parents’ respective net incomes, the paying parent can fall behind on payments. Sometimes this is accidental, and sometimes it is intentional; but no matter why a parent stops paying child support, the child’s well-being may be compromised when funds are not available to the receiving parent to meet the child’s needs. 

If you find yourself in this situation, you have options available to you. 

Collecting Child Support from a Nonpaying Parent 

The Illinois Family and Healthcare Services Division of Child Support Services (DCSS) is tasked with enforcing child support payments. However, you should be aware that DCSS is often underfunded and understaffed, and it can often take a very long time to resolve your case. This is why it is often best to work with an experienced family law attorney. Your lawyer can expedite the process and help you pursue the financial support you and your child need through the civil court system. Once you notify the court that the paying or “obligor” parent is not meeting their child support obligations, there will be a hearing to determine the next steps. 

The court has the authority to take action against the non-paying parent, including:

• Garnishing wages 
•  Seizing state and/or federal tax refund
• Seizing winnings from gambling or the lottery 
• Seizing funds from a bank account
• Placing a lien on a property 
• Suspending driver’s licenses
• Suspending or revoking professional or recreational licenses

Whatever you do, do not try to get revenge by withholding visitation time from the delinquent parent. You do not want your case jeopardized because you also broke a legally enforceable parental agreement. 

Contact a DuPage County, Illinois Child Support Lawyer Today

 You do not have to go through the process of attempting to recover delinquent child support payments alone. Mirabella, Kincaid, Frederick & Mirabella can help you get the money to which you are entitled. We have simial options as DCSS available to us and are able to ask the court to hold the delinquent parent in contempt of the child support order. Parents who are threatened with these consequences and still fail to pay can face serious legal retribution, including imprisonment.

 Your child should not have to suffer as a consequence of late child support payments. No matter why a parent stops meeting their legal child support obligations, you have options. If you are having problems recovering delinquent child support, an Illinois child support lawyer from MKFM Law can help. Contact our Wheaton offices today at 630-665-7300 for a confidential consultation.

Sources: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/FAQs.aspx#remedies