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McHenry County child support lawyerThe divorce process can be emotionally and financially draining. When you and your ex cared for your children together under one roof, it may have been easier to work together to take care of your family’s financial needs. However, things change significantly after divorce, and both parents may struggle to make ends meet.

If your ex has not been paying child support, this can cause a great deal of difficulty for you. It may be hard to understand why your ex would be avoiding payments, but here are some common reasons that may explain why the funds your child needs are not coming your way:

Changes in Finances

Your ex might not be paying child support because they do not have the money to give. The amount of child support payments specified in a divorce judgment is based on both parents’ finances at the time of the divorce. Issues such as a job loss or large medical expenses can affect how much your ex is able to pay. If you think this may be the reason why you are not receiving child support, you may wish to talk to your ex or even request a modification so that they can at least pay what they are able to. Setting a payment that your ex can afford is better for everyone than not receiving any payments at all.

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What Are the Consequences for Not Paying Child Support?Child support payments are mandatory for parents who are divorced or separated from each other. Unlike with the optional spousal maintenance payments, child support is meant to help pay for the expenses related to raising the children, such as food, clothing, and healthcare. A parent who does not pay their share of child support may be depriving their children of the resources needed to grow up healthy and safe. Because of this, Illinois has a range of severe consequences for parents who do not comply with their child support order:

  1. Garnishment: If a parent does not pay child support, a court may order that the noncompliant parent’s financial assets be seized. The most common method is wage garnishment, which can be achieved by filing an Income Withholding for Support request with the parent’s employer. If wage garnishment is not an option, the court may seize funds from a bank account, intercept property tax refunds, put a lien on a property, or hire a private collection agency.
  2. Driver’s License Suspension: When a parent is more than 90 days past due on child support payments, the court may revoke the parent’s driving privileges until they have caught up on payments. It also has the authority to revoke or deny an application for a U.S. passport or professional license.
  3. Criminal Prosecution: Nonpayment of child support becomes a criminal offense in Illinois if a parent has gone more than six months without paying or owes more than $5,000. This is a Class A misdemeanor and will most likely result in a fine. However, the offense becomes a Class 4 felony if the parent flees the state to avoid payment, is more than one year late on payments, or owes more than $20,000. A Class 4 felony in Illinois is punishable by one-to-three years in prison and fines.

Contact a McHenry County Family Law Attorney

If your co-parent is not paying child support, you can enforce payment by contacting the Illinois Division of Child Support Services or filing a complaint in court. If you are in danger of falling behind on child support payments, you need to explain to the court why you are unable to make the payments. You may be able to modify your child support order if the payments are unreasonable given your financial circumstances. Either way, you need the assistance of a Crystal Lake, Illinois, family law lawyer at Botto Gilbert Lancaster, PC, to resolve your child support issue. Schedule a free consultation by calling 815-338-3838.

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Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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