What Happens if You Don't Pay Child Support in Illinois?

Updated on July 5, 2023
Updated: July 3, 2023

As a parent, ensuring that your child has financial support is one of the most important responsibilities you have. According to research, 20% of children in the United States reside in households that receive child support. This means that without child support, many children will be left without any financial help at all.

Unfortunately, some parents fail to make their child support payments, which can lead to serious legal consequences in the state of Illinois. If you fail to pay child support in Illinois, there are a number of ways that you could be held accountable.

In this blog post, we will discuss the consequences of failing to pay child support in Illinois and what you can do to ensure that you fulfill your financial responsibilities as a parent.

Call Tommalieh Law today for a free consultation with our experienced Orland Park child support attorney!

Can a Parent Visit Their Child in Illinois if They Are Not Making Child Support Payments?

The short answer is yes, it is possible for a non-custodial parent to visit their child in Illinois without current child support payments. However, it is important to note that a parent's failure to pay child support may impact their ability to exercise their parenting time schedule rights.

a child support agreement with a gavel on top and a family law book next to it with money on top

If the court determines that a parent has failed to pay child support without a lawful excuse, they may limit the days of parenting time or impose other restrictions. The parenting plan may also allow for supervised visitation where someone else, such as a social worker or court-appointed supervisor, must be present during visitation.

What if a Parent Relocates to Another State to Try to Avoid Paying Child Support?

If a non-custodial parent relocates to another state to evade paying child support, they may still be subject to Illinois' jurisdiction. Illinois can enforce its child support orders in other states through a process known as "interstate income withholding."

Additionally, if the non-custodial parent is found in contempt of court for failing to pay child support, they may be subject to penalties such as wage garnishment, license suspension, and even imprisonment.

Learn More: How to Enforce Child Support in Illinois

Moreover, it is important to note that Illinois can also enforce its child support orders through the federal government. The federal Child Support Enforcement Program (CSEP)  allows states to collect past-due child support payments from other states and even other countries.

Child Support and Financial Hardship

We understand that life can be unpredictable, and financial hardship may make it difficult for some parents to meet their child support obligations. In these situations, it is vital to seek legal assistance from an experienced child support attorney.

An attorney can help you navigate the legal process and work with you to create a payment plan that is manageable for your current situation.

Consequences for Not Paying Child Support

You must understand that failure to pay child support can have serious legal consequences. This depends on the individual situation. Some of the most common consequences include wage garnishment, license suspensions, seizure of bank accounts and other personal property, jail time, and a finding of contempt.

Wage Garnishment

If you owe past-due child support in Illinois, the court can order your employer to withhold a portion of your wages for the purpose of paying child support. The court can also order that a certain amount of money be taken from your paycheck each month until the past-due balance is paid in full.

the word "child support" inside of a dollar bill

In other words, their employer withholds a portion of the non-paying parent's income and sends it directly to the custodial parent.

License Suspensions

In Illinois, non-payment of child support can result in the suspension of professional licenses, recreational licenses, and even personal licenses. This means that non-paying parents may lose their ability to work in certain professions or engage in certain activities until they fulfill their child support obligations. Also, the court may also issue limited driving permits in order to allow the parent to continue their employment or other necessary activities.

FAQ: When can child support be modified in Illinois?

Seizure of Bank Accounts and Other Personal Property

The court can also take legal action to seize a parent's bank accounts or other property in order to recover past-due child support. This means that any money you have in a bank account can be taken to pay for your unpaid child support payments.

Jail Time

In extreme cases, a parent can be found in contempt of court for not paying child support and may face jail time as a consequence. This is typically reserved for cases where the non-paying parent has a significant past-due balance and repeatedly fails to comply with court-ordered child support payments.

a child support attorney working on some child support documents

However, the court may allow the parent to avoid this penalty if they can provide the court with proof of their financial hardship or a lawful excuse for their failure to fulfill their child support obligations.

Call Tamir Tommalieh Today For Any Child Support Needs!

As a parent, paying child support is a serious parenting responsibility and crucial to ensuring that children have the financial support they need to thrive. Whether you are a custodial or non-custodial parent, it's important to understand the child support laws and regulations surrounding child support in Illinois and to take the necessary steps to ensure that your children receive the support they need.

If you're facing challenges with paying or receiving child support, or if you have any concerns or questions about child support, it may be helpful to speak with a child support attorney. At Tommalieh Law, our experienced attorney can provide you with the guidance and support you need to navigate the complex legal system and ensure that your children receive the support they deserve.

Call us today at (708) 232-0017 to schedule a free, no-pressure consultation to discuss your individual situation and learn about your options for financial assistance.

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