What Can I Do if My Ex Has Stopped Paying Child Support in Illinois?

 Posted on December 10,2019 in Child Support

Both parents have an obligation to financially support their children, even if one parent is considered “custodial” while the other parent is “non-custodial.” Because of this, child support exists in the majority of cases that involve parents who are divorced, legally separated, or who were never married in the first place. Child support is intended to be used to help pay for the child’s necessities, such as food, clothing, and shelter. If a parent is subject to a child support order, he or she is legally obligated to make the stated monthly child support payments; otherwise, serious consequences could result. When a parent does not abide by child support orders, it can put a financial strain on the custodial parent, but fortunately, there are steps you can take for enforcement if your child’s other parent has failed to make child support payments.

Defining Failure of Support

If a parent is having a bad month financially, and child support payments are late or delayed, typically no action will need to be taken, as long as the paying parent is able to pay the amount due within a reasonable time period. However, if non-payment has become a pattern, and the parent has not made multiple payments, legal action may need to be taken. A parent is considered to have committed failure to support if he or she does any of the following:

• Willfully refuses to pay child support

• Fails to pay a court or administrative child support order for at least six months or owes more than $5,000 in support

• Flees the state in an effort to avoid paying child support and owes more than $10,000 in support

• Fails to pay child support for at least one year or owes more than $20,000 in support

Options to Enforce Child Support

Fortunately, there are things that you, the custodial parent, can do to get the money that is rightfully owed to your child. Child support orders are not issued unless there is proof that the paying parent has the means to pay. Once an order is issued by the Department of Children and Family Services (DCFS) or by an Illinois court, the non-custodial parent must pay or face the consequences.

If your child’s other parent has not paid child support that he or she is legally obligated to pay, you can involve either DCFS or the court system. Pursuing action with DCFS can help, but you will often get better, more immediate results if you go through the court system with the help of a skilled attorney. A child support enforcement lawyer can help guide you through the legalities of child support enforcement. They can also request certain remedies from the court, such as garnishing wages from your ex-spouse or requesting a repayment plan for past-due support.

Contact a North Aurora Divorce Attorney

Even if a parent is not involved in a child’s life, he or she still has the obligation to financially support his or her child. At the Law Office of Matthew M. Williams, P.C., we know how difficult it can be if your child’s other parent stops making child support payments. Our skilled and knowledgeable Kane County child support enforcement lawyers can help you get the money that lawfully belongs to your child. If your ex is behind on child support payments, do not keep struggling; call our office today at 630-409-8184 to schedule a consultation.

Sources:

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

https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf