Child support payments are frequently ordered as a result of divorce proceedings, but they can occur in a variety of different circumstances. If an existing agreement mandates child support payments, it is imperative you make them as scheduled. Failure to do so can lead to dire consequences for your children, who may depend on these payments to get the clothes they need, nutritious food to eat, and school supplies.
The Illinois courts have laws to dissuade non-payment by enacting harsh penalties for delinquencies. If you are having difficulty making payments, it is vital you request a child support modification to avoid breaking these laws.
Refusal to Pay Child Support
Many child support payments withdraw directly from the non-custodial parent’s paycheck. The employer deducts the mandated payment per the provided court order. The employer then forwards payments to the State Disbursement Unit (SDU), which then disburses the money to the recipient. Each step in the child support process is recorded in a database with the Illinois Department of Healthcare and Family Services and the Division of Child Support Enforcement. If a payment is missed, DCSE or HFS sends a notice to all parties that the amount is past due.
Child Support Enforcement
The state has the authority to pursue a variety of measures to compel parents to pay. These protections are shared under the Illinois Family Financial Responsibility Act, a law that is more commonly referred to as the Illinois deadbeat parent law. Legally, any or all of the following consequences become applicable:
- Request the debt be reported on a credit report;
- Collect through contractual agreements with private collection agencies;
- Place a lien against real estate or personal property;
- Place a claim on bank accounts;
- Request suspension or revocation of Illinois professional licenses, occupational certificates, or hunting or fishing licenses;
- Request suspension or revocation of an Illinois driver’s license;
- Request a denial or suspension of a U.S. passport;
- Require a posting of a bond, security, or another payment guarantee;
- Interception of state or federal tax refunds;
- Request a state or federal criminal prosecution; and
- List a name and photograph of the delinquent parent on the HFS/DCSE website.
Contact a DuPage County Child Support Lawyer
If you cannot make your monthly child support payments, it is crucial you understand the potential legal consequences. If the funds are merely unavailable, consider modifying the existing divorce order. A Wheaton divorce modification attorney can help. The attorneys at Andrew Cores Family Law Group know people can experience a financial rough patch. Find out how we can help with a free initial consultation. Call our office at 630-871-1002 today.