How Is Child Support Enforced in Illinois?

 Posted on September 25, 2019 in Family Law

Many custodial parents do not receive full child support payments, and thousands of others in Illinois receive no child support payments at all. In fact, only 59 percent of the total annual child support payments are received annually. As a custodial parent, you have a few resources at your disposal to ensure that the paying parent is held to his or her legal obligation. An experienced family law attorney can help answer any questions you may have.

The Illinois Division of Child Support Services

Once a paying parent gets behind on their payments, the Division of Child Support Services automatically serves the payor’s employer with the delinquent amount, according to the Illinois Department of Healthcare and Family Services. This income withholding for support is deducted from the paying parent’s wages until the support is paid in full. However, this may not be enough to get the noncustodial parent to pay, especially if they are self-employed, paid under the table, or are unemployed. As such, the Division of Child Support Services can also:

• Intercept state and federal income tax refunds
• Intercept state payments including lottery winnings
• Intercept gambling winnings
• Place a lien on property
• Seize bank accounts
• Use private collection companies
• Deny or revoke the paying parent’s passport
• Submit to credit reporting agencies
• Submit to licensing agencies to revoke or deny professional, recreational, or occupational licenses
• Suspend their driver’s license through the Illinois Secretary of State; or
• Request state or federal criminal prosecution; and
• Submit the name and photo of the parent on the Department’s Delinquent Parents Website.

How Non-Paying Parents Delay Collections

Unfortunately, there are a variety of tools and methods that paying parents use to delay collection or consequences from being issued, such as revoked licenses. One of these is to simply request that the Division of Child Support Services (DCSS) review the delinquent account to ensure that the past child support order is correct. The DCSS is obligated to send a letter to the delinquent parent notifying them of the department’s intentions to use the previously mentioned garnishing or penalizing methods. As such, the DCSS cannot immediately begin garnishing wages or seizing bank accounts, and the noncustodial parent can delay even more by requesting that the DCSS check their records.

Our Hinsdale Divorce Attorneys Can Help You Today

Enforcing a child support order and/or tracking down a parent that has simply vanished is complicated, particularly since there are so many different state and federal agencies that typically get involved. To help you navigate this complex legal arena, an attorney is invaluable. To schedule a free consultation with one of the dedicated DuPage County family law attorneys at the Law Office of Martoccio & Martoccio, call us today at 630-920-8855.

Sources:

https://www2.census.gov/programs-surveys/demo/tables/families/2015/chldsu15.pdf

https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf