Tag Archives: wage garnishment

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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Illinois child support lawyer, Illinois family lawyerIn the United States, there is a trend growing at an alarming rate. Failure to pay court-ordered child support is not something that is acceptable especially when lives depend on that income. Each year, approximately $24 billion dollars are successfully paid across the country. Compare that number to the over $100 billion that remains unpaid. About 25 million parents are not receiving any support, leaving 19% of those awarded support being paid. These numbers are troubling, and lawmakers across the country are cracking down on so-called “deadbeat parents.”

Illinois Consequences

If you reside in the state of Illinois or otherwise have your support payments set up to this state, you face serious trouble for not paying on time each month. The Non-Support Punishment Act enables the state, and occasionally also at a federal level, to utilize harsh penalties to force payment. These penalties include:

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deadbeat parents, Illinois family law attorney, Illinios child support attorney, Child support is a legally required payment made by a parent for the financial support of his or her child. Under Illinois law, both parents are required to provide financial support for the child’s well being. Usually, the non-custodial parent, the parent who does not live with the child, pays the custodial parent child support. Unfortunately, sometimes a parent disregards a court order and fails to pay child support. If your child’s other parent has ceased making support payments, an experienced family law attorney in DuPage County can advise you on your options.

Enforcing Child Support Orders

When a non-custodial parents fails to make their child support payments, the other parent can ask the court to enforce the support order. The custodial parent can formally petition the court to basically force payment from the non-custodial parent. This is different than filing for child support. You can only ask the court to force support payments after a judge has granted a child support order. According to the Illinois Attorney General, approximately $289 million in child support was collected by the state in 2013. Some of these payments were made after a court enforced a child support. Illinois courts have multiple ways to enforce these orders; one way is to garnish the non-custodial parent’s wages.

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