Enforcing a Child Support Order When Your Ex Refuses to Pay

 Posted on December 22, 2017 in Child Support

While most parents will go to considerable lengths to ensure their child has everything they need, there are those who seem to think of their financial obligations as voluntary. Maybe they simply want to punish the parent who receives support and does not care that it is also harming the child, or perhaps they consider their wants more important. Either way, the failure to pay court-ordered child support can have dire consequences, both for the receiving parent and the child. Thankfully, there are some strategies that you can employ to collect your arrears. Learn more, including how an experienced attorney can assist, with help from the following information.

Garnishments and Property Liens

When an obligated parent has the funds or assets to pay their arrears but refuses to do so, receiving parents can seek a wage garnishment or a lien on any property that the obligor owns. If the parent does not have any wages and is collecting unemployment, the receiving parent may request that child support be withheld from their unemployment benefits. One can also attempt to have the obligor’s tax refund intercepted if they owe arrears. Alternatively, if the parent does not have any real property but has a substantial amount in their retirement benefits, the receiving parent may seek an order to have the funds pulled from the retirement account with a Qualified Domestic Relations Order (QDRO).

Contempt and Criminal Charges

If an obligor has racked up a substantial amount of unpaid support and is still refusing to pay, the courts may charge them with contempt of court or other criminal charges. In such situations, the obligor may be jailed for their failure to pay. Depending on the situation, the parent may be permitted work release so they can start making payments again. They may also be ordered to pay a specified amount of their back support (which may be based on their ability to pay) as a condition of their release.

Suspension of a License or Passport

When obligors fall far enough behind on their child support payments, they run the risk of having their driving license or professional license (used by lawyers, doctors, and other skilled professionals) suspended. Their passport may also be frozen or denied for renewal. Depending on the circumstance, some may be granted a special driving permit that would give them driving privileges to get to and from work and in the event of a medical emergency.

Contact Our DuPage County Child Support Enforcement Lawyers

If your ex is refusing to pay child support, contact Davi Law Group, LLC for assistance. Committed to ensuring that you and your child receive the money you are owed, our seasoned DuPage County child support enforcement lawyers will take swift action to enforce your active child support order. Start by scheduling a personalized consultation. Call 630-580-6373 today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59

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