Receiving Delinquent Child Support

 Posted on December 00, 0000 in Illinois family law attorney

Has the court ordered your children’s other parent to pay child support, but you are not receiving it? There are ways for you to rectify the situation and have the non-paying parent pay delinquent child support payments. No child should be negatively affected due to refusal to pay child support. Child support lawyers can assist you through the legal process of petitioning to have the non-paying parent pay child support through wage garnishment or other legal means.

Repercussion of Not Paying

Failure to comply with an order for providing child support is a serious matter. It can lead to serious consequences ranging from wage garnishment up to jail time. Illinois’ Non-Support Punishment Act outlines how you can petition to receive child support from the non-paying parent.

The Department of Healthcare and Family Services’ Division of Child Support (DCSS) monitors all child support payments. Once DCSS is notified of non-payment they will first attempt a wage garnishment, called Income Withholding for Support, if the non-compliant parent is working. The employer of the non-paying parent is notified and required to withhold money from their paycheck, which is then paid to you until the delinquency is resolved.

In some cases, however, an Income Withholding for Support does not work. The non-paying parent will quit their job, refuse to pay the court-ordered child support, or the employer will not withhold the money. Refusal to pay can lead to the non-paying parent to forfeit tax refunds, seizure of his or her bank account, have a lien placed against any property they own, or even be put in jail.

Petitioning for Payment

As the custodial parent, you are entitled to receive the amount of money set forth in the child support order to ensure your children have the clothes, food, and supplies they need to live a healthy life. If the non-custodial parent refuses to pay the court ordered child support, you have the right to take legal action seeking payment of delinquent child support. Your children should not suffer because their other parent refuses to pay child support.

Petitioning for delinquent child support payments can get complicated if the non-paying parent tries to quit their job, leave the state, or go into hiding to avoid paying. Fortunately, an experienced Kendall County child support attorney can help you through the process. Contact our office today and we will assist you in filing all of the necessary paperwork for petitions to ensure you case is given the best chance of success. Call 630-409-8184 to schedule your initial consultation.