How Child Support Is Enforced: Legal Actions for Unpaid Support
Child support is a critical financial obligation that makes sure children receive the resources they need from both parents, even when those parents are no longer together. In Illinois, child support enforcement is a matter taken very seriously by the courts and the Illinois Department of Healthcare and Family Services (HFS).
When a parent fails to pay child support, a variety of legal mechanisms can be employed to compel compliance and recover unpaid amounts, also known as arrears. Our attorneys at Smolka Law Group in Palatine, Illinois, can help you understand this process. Here, we’ll explain how child support is enforced in Illinois.
The Basics of Child Support Obligations in Illinois
In Illinois, child support is determined using a statewide formula based on both parents’ incomes and the needs of the child. The guidelines are designed to enforce fairness and consistency, though judges have some discretion in special circumstances. Once a child support order is entered by the court, it’s a legally binding obligation that must be complied with.
The obligation to pay child support is not optional or dependent on visitation rights. Even if the paying parent (the obligor) has limited or no contact with the child, they’re still required to make timely payments. Child support orders may also include provisions for medical expenses, health insurance, daycare, and educational costs.
Illinois Child Support Enforcement Agencies
The Division of Child Support Services (DCSS) under the Illinois Department of Healthcare and Family Services is the primary agency responsible for enforcing child support orders in Illinois. DCSS assists custodial parents in establishing paternity, obtaining child support orders, and enforcing those orders when payments are not made.
Additionally, the court system plays a significant role in enforcement. Judges have wide authority to impose penalties and remedies when a parent is delinquent on child support. It’s important to understand your responsibilities and rights as a parent when it comes to child support obligations. Working with one of our family law attorneys can help.
Methods of Enforcing Child Support in Illinois
There are multiple tools and legal actions available to enforce child support obligations in the state of Illinois. These range from administrative actions by DCSS to formal court proceedings. Here are the most common enforcement mechanisms:
Income Withholding (Wage Garnishment)
One of the most effective and commonly used enforcement tools is automatic income withholding. Once a support order is issued, an Income Withholding Order (IWO) is sent to the obligor’s employer, who must deduct child support payments from the parent’s paycheck and send them directly to the State Disbursement Unit (SDU).
If the parent changes jobs, the withholding order must be updated and reissued to the new employer. Failing to notify the court or DCSS of a job change can lead to enforcement complications. It’s important to stay compliant with court orders such as income withholding. Speak with one of our attorneys for clarification on what your responsibilities are.
Intercepting Tax Refunds
If a parent falls behind on support payments, DCSS can intercept federal and state income tax refunds to collect the arrears. This is often done through the Federal Tax Refund Offset Program or the Illinois State Tax Refund Intercept Program. To qualify for this offset, the delinquent amount must meet a certain threshold.
Seizing Bank Accounts and Assets
DCSS has the authority to seize funds from a non-paying parent’s bank account, investment account, or other financial resources. This is done through a Financial Institution Data Match (FIDM), where financial institutions identify accounts belonging to obligors with past-due child support. Once matched, a lien or levy may be placed on the account to seize funds.
License Suspension
Another powerful enforcement tool is the suspension of various licenses. If a parent is seriously behind on child support, the state can suspend or deny renewal of their driver’s license, professional licenses (such as medical, law, and real estate), occupational licenses, or recreational licenses (such as hunting, fishing, etc.).
Before a suspension occurs, the parent is notified and given a chance to resolve the debt. Failure to comply can result in loss of the license until the obligation is addressed. Speak with one of our family law attorneys at Smolka Law Group to further understand what your responsibilities are to comply with these obligations or to seek support that is owed.
Liens on Property
DCSS can place a lien on the non-custodial parent’s real estate or personal property to secure payment of child support arrears. This lien must be satisfied before the property can be sold or refinanced. Liens can also apply to vehicles, business assets, or any other significant property owned by the obligor.
Credit Reporting
Unpaid child support can be reported to credit bureaus, negatively affecting the obligor’s credit score. This can impact the parents’ ability to obtain loans, credit cards, or even rent housing. DCSS typically reports delinquent child support obligations that exceed a certain threshold, often $1,000 or more.
Contempt of Court Proceedings
If administrative remedies fail, the custodial parent or DCSS can file a petition for rule to show cause in court. This requires the non-paying parent to appear before a judge and explain why they have not complied with the support order. If the judge finds that the failure to pay is willful, the parent may be held in civil contempt of court.
Consequences for being in civil contempt of court can include fines, jail time (usually short-term), community service, and payment of the other party’s attorney fees. The goal of civil contempt is not to punish but to compel payment. Therefore, jail time is generally used as a last resort in these cases.
Criminal Prosecution
In extreme cases involving large arrears and a willful failure to pay, the parent may be subject to criminal prosecution under Illinois or federal law. This usually applies to cases involving long-term evasion of child support, out-of-state flight to avoid payment, or arrears exceeding $10,000. Conviction in these cases can lead to probation, fines, and jail or prison time.
Statute of Limitations on Child Support Enforcement
Illinois does not allow child support debt to simply disappear over time. There is a 20-year statute of limitations for enforcing unpaid child support from the date the payment became due. This means custodial parents and the state can pursue arrears long after the child has reached adulthood. Interest may also accrue on unpaid child support at a statutory rate.
If you’re having difficulty collecting unpaid child support payments, it may be time to address the situation with the help of a family law attorney. A skilled lawyer can help you seek enforcement of child support payments. Even if time has passed, remember that you may still be able to petition the court to enforce unpaid child support.
Seek Help From a Family Law Attorney Today
Child support enforcement in Illinois is comprehensive and robust. The state offers a wide array of legal tools to make sure children receive the financial support they need, even when one parent fails to pay.
Our attorneys at Smolka Law Group can help if you’re struggling to collect unpaid child support. Serving Palatine, Illinois, our firm has the experience needed to help address your situation. Contact us today to set up your initial consultation.
