Enforcing Delinquent Child Support Payments - What Can Receiving Parents Do?

 Posted on August 27, 2018 in Child Support

Children are entitled to emotional and financial support from both parents. When the parents do not live together, financial support typically comes through the payment of child support - but what happens when the paying parent refuses to comply with an order for support? The following information explains how you can enforce delinquent child support payments with the help of a seasoned family law attorney. 

Establishing Proof of Unpaid Support

Before a receiving parent can enforce an order for support, they must first provide proof that the support has gone unpaid. If the payments are made through the Illinois State Disbursement Unit (SDU), the receiving parent can ask the SDU for a record of payments that have been made along with the amount that the paying parent still owes. It is important that receiving parents compare their own records to those of the SDU, however, as they are not always accurate. If payments are made through the circuit clerk’s office, the parent can ask the office for this same information. (Again, it is important to compare records.) Parents who receive payments directly may experience more difficulty in obtaining proof of unpaid payments, as they are the only ones who have a record of the payments made. Thankfully, an attorney can help you with the process. 

Enforcing an Order with a Notice to Withhold Income

In most cases, child support can be enforced with a Notice to Withhold Income. It is sent by the SDU to the paying parent’s employer, and payments are then directly taken from the parent’s paycheck and sent to the SDU. The SDU then disburses the funds to the receiving parent. If a Notice to Withhold Income is already in place and the paying parent has fallen behind on their payments, the receiving parent can request a new order that increases the withholding until the back payments are caught up. An attorney can help you in obtaining such an order. 

Other Measures for Enforcing Unpaid Child Support

If a Notice to Withhold Income does not produce results, receiving parents can take other measures to enforce the payment of support. One of the most commonly used is a Ruling to Show Cause. It requires the paying parent to show cause for the lack of payment or risk being held in contempt. If they fail to show good cause or have a history of not paying their support, the judge can then set a date by which the back support must be paid. Receiving parents can also take other enforcement measures, such as requesting that the paying parent's driver’s license is suspended until the back due support is paid. A seasoned family law attorney can help you determine the most appropriate path for your case. 

Contact Our DuPage County Child Support Enforcement Lawyers

As advocates of children, Davi Law Group, LLC works hard to ensure that the needs of children are met - and that includes helping to ensure that parents receive the child support they are owed. Schedule a personalized consultation with our DuPage County child support enforcement lawyers to determine how we can assist with your case. Call 630-580-6373 today. 

Sources:

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

https://www.illinois.gov/hfs/ChildSupport/delinquent/Pages/default.aspx