Illinois courts take failure to pay child support very seriously
Child support can be one of the most contentious parts of a divorce with children, both during the divorce itself and afterward. If you are receiving child support, you need those funds in order to provide for the children’s needs and maintain their quality of life. And if you are paying child support, then while, of course, you want to take care of your children, the payments can be a huge strain on your budget.
So what happens if child support isn’t paid? The legal consequences for the parent who violates a child support order can be severe. Here’s what you need to know.
How child support works in Illinois
Illinois uses the “income shares” model to determine child support. The basic idea is that the cost of raising the child or children should be proportional to the income level that the family would have had if the parents had stayed together.
In this model, the court first adds up the parents’ net income and determines what percentage of the parents’ combined net income is represented by each parent. The court then uses an income shares chart to determine the child support obligation and multiplies the overall obligation by each parent’s share of the income. The non-paying parent—usually, the parent who has the majority of parenting time—is assumed to already be spending their share on the children. The paying parent then pays their share to the non-paying parent.
Courts can deviate from the basic calculation if they determine that a deviation would be in the best interests of the child. Regardless, once the court determines the child support obligation, it is entered as a binding court order, which can only be changed by the court.
What happens if one parent fails to pay their child support?
If a parent doesn’t pay court-ordered child support, then they can be held in contempt of court.
The court can use various enforcement measures to ensure that the child support payments are made. For example, the court can order wage garnishment, which means the child support payments are taken out of the violating parent’s paycheck before it even gets to them. The court may also be able to intercept the parent’s tax refund or put a lien on their property.
The court also has the power to impose consequences for non-payment and hopefully motivate the parent to comply with the child support order. That might include suspending their driver’s license or (if applicable) their professional license. In severe cases involving willful non-payment, the court can also impose fines or even jail time.
What you should and shouldn’t do if issues with child support come up
This should go without saying, but it needs to be said: don’t violate a court order. If you are ordered to pay child support and your financial circumstances change, don’t just stop paying. You can go to court and order a modification, but you must comply with the court order until and unless the court says otherwise.
You also cannot withhold child support because the other parent is not complying with some other aspect of your divorce, such as refusing to allow visitation. Likewise, if you are supposed to receive child support and the other parent isn’t paying, you can’t refuse to comply with the visitation schedule or any other aspect of the divorce. Again, the solution is to go to court and enforce your rights, rather than taking matters into your own hands.
In short, if you’re dealing with a child support payment issue, the best thing you can do is talk to an experienced family law attorney as soon as possible. Give us a call or contact us online to speak with one of the experienced lawyers at Courtney Clark Law, P.C.
"Mr. Courtney took care of my concerns during a time I was at my lowest and in a very foggy state." – Michelle J., ⭐⭐⭐⭐⭐