Will I Ever Get Child Support From a Spouse Who Has Fled the Country?
Posted on December 16, 2021 in Family Law
Many parents will go out of their way to avoid making child support payments. Sometimes, they will work even harder to avoid meeting their legal obligations than they would if they simply took a job and made the payments. Unfortunately, for the parent who needs the child support, this can mean many trips to see a judge to try to get the child support order enforced. Sometimes, judges can find the non-compliant spouse, hold them in contempt of court, and give them fines or jail time.
However, in extreme cases, some parents will actually flee the country because they do not want to make child support payments. Leaving the United States does not relieve a parent of their child support obligations, but it can make recovering payments much more difficult. If you have a former partner who owes you child support and who may have fled the country, this blog may be helpful to you.
Recovering Child Support From a Parent Who Has Left the Country
Before child support can be recovered from anyone, there must be a legally enforceable child support order from an Illinois family court. Usually, these are established during divorce proceedings, but they can also be made for unmarried parents once paternity has been established. Under certain circumstances, a person may be determined to be a child’s parent and ordered to pay child support by default - especially if he or she avoids location or fails to respond to court summons.
Parents who have valid child support orders will need to contact the Illinois Title IV-D Agency, a program that provides parentage and child support enforcement services. They may be able to work with law enforcement in the obligated parent’s country to intercept the parent’s income and take child support out of their wages. This can be time-consuming, but if the United States has a reciprocal child support enforcement agreement with the paying parent’s country of residence, it is often successful.
However, the U.S. does not have such agreements with many countries, including nearby countries like Mexico. When parents move to these countries to avoid child support, it can be very difficult to recover payments. To prevent parents from fleeing to another country, parents who owe more than $2,500 in child support can be denied a passport until they meet their obligations. If a parent already has a passport, the government can revoke, restrict, or limit passport use.
Contact a DuPage County Child Support Recovery Lawyer
Trying to recover unpaid child support can be a nightmare, but an experienced Wheaton, IL unpaid child support attorney with Andrew Cores Family Law Group may be able to help. We have helped parents get back-paid child support, even from exes who are working hard to avoid meeting their obligations. If you need help from a skilled family law practice, contact our offices today to schedule your free consultation. Call us at 630-871-1002.
Sources:
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000
https://www2.illinois.gov/hfs/ChildSupport/Attorneys/Pages/FAQs.aspx
