Tag Archives: delinquent child support

IL family lawyerMany 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.

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IL divorce lawyerChild support is a crucial financial tool for custodial parents and, of course, their children. In fact, full or partial child support payments account for 16 percent of custodial mothers’ total yearly income, and nine percent for custodial fathers. Sadly, a large percentage of non-custodial parents refuse to comply with their court orders, and either fail to pay on time or simply refuse to pay outright. Less than half (45.6 percent) of custodial parents receive full child support payments. Custodial parents were owed $10.4 billion in deficient payment in 2013 alone.

Many parents are owed tens of thousands of dollars from years of missed payments, which only makes things harder on the non-custodial parent’s own child or children. Collecting overdue child support payments is difficult enough when the parent lives in the same state as the custodial parent. It is even more complicated when the non-custodial parent moves out of state. It can seem impossible to enforce payments when the parent leaves the country. However, an attorney may be able to help you.

Utilizing the Office of Child Support Enforcement Is Key to Child Support Success

The Office of Child Support Enforcement works with foreign countries to enforce child support payments from non-paying parents who have skipped out on their financial obligations. Countries that have joined the Hague Child Support Convention (of which there are 31 countries) or Foreign reciprocating countries (FRCs) cooperate with the U.S. Department of State to hold non-paying parents accountable.

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automatic withholding, child support obligation, child support order, delinquent child support, Hinsdale family law attorneys, unpaid child support, wage garnishmentsEnforcing a child support order is not always a simple process. Generally, if a non-custodial parent is not paying any required child support, the custodial spouse may go to court in an effort to enforce such payments.

There are a few conditions that usually need to be met in order for enforcement measures to work:

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