Can I Be Charged If I Fail to Pay Child Support in Illinois?

You can be charged in Illinois if you fail to pay court ordered child support in Illinois. The Illinois Non-Support Punishment Act, took effect October 1, 1999. Since then, there have been prosecutions.

In Cook County, a father from Schaumburg was convicted for failure to pay about $46,000 in support for his two children. The judge sentenced him to 30 months probation.

Samuel Q. Mack, the father of a 7-year-old son, plead guilty and was sentenced him to a year in prison for being delinquent in support payments for more than a year of totalling $16,425. And upon completion of his state prison sentence, he must pay the back support in monthly payments plus interest until he is paid in full.

In that case of Mack, a truck driver, who had worked for at least three different employers, quit working each job in turn once the employer got a Notice to Withhold Child Support order from his paycheck.

In June 2013, in Winnebago County, Illinois, three fathers were indicted by a grand jury for felony failure to pay child support under the Illinois Non-Support Punishment Act.

Each of the three fathers was charged with failure to pay support, a Class 4 felony, punishable by one to three years in prison, a fine up to $25,000 and restitution. One father owed $28,169.57, the second $27,986.60, and the third just $5,525.*

In addition to prosecution, under the Illinois Non-Support Punishment Act, non-paying parents have to serve time under federal laws that make it a crime to flee to another state to avoid paying support.

Recently, Illinois amended the Illinois Public Aid Code (305 ILCS 5/10-10), the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), the Non-Support Punishment Act (750 ILCS 16/20), and the Illinois Parentage Act of 1984 (750 ILCS 45/15) to add penalties for persons not only for those who receive a paycheck from an employer but also to include those who are self-employed or conduct a business and are found in contempt of a court order to pay support.

If you are in need of an experienced child support attorney in Illinois, contact the Law Office of Martoccio & Martoccio located at 15 North Lincoln Street in Hinsdale.

*Source: Rockford Register Star, "Parents who owe child support are warned to pay up or else," RRStar Staff, June 20, 2013.

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