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Illinois child support enforcement lawyersChildren 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. 

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Illinois child support enforcement lawyersWhile 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).

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DuPage County family lawyers, child support enforcementIf you are a parent who receives financial support for minor children by court order, you may be familiar with certain Illinois laws that allow you to pursue the payor to enforce payment for amounts due. However, the matter may be more complex if the paying parent lives or has moved to another state.

Federal law includes regulations that may provide you with a legal remedy in certain cases when the other parent fails to abide by child support obligations. It is wise to discuss federal law on child support enforcement with an experienced child support lawyer and understand some of the basics.

Failure to Pay Child Support Obligations: A Crime Under Federal Law

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What Happens if You Do Not Pay Child Support in Illinois, DuPage County child support lawyersIn many cases, one parent is ordered to pay child support to the other upon completion of (or during) the divorce. However, sometimes the payor parent does not pay the child support that he or she owes, based on certain circumstances. There are many consequences for failing to pay child support and it is important to understand these if you have a child support obligation in the state of Illinois.

Child Support Enforcement Program

The Illinois Department of Healthcare and Family Services' Division of Child Support Services has a Child Support Enforcement Program. This program monitors child support payments and can help step in if a parent alerts the agency that he or she is not receiving the mandated child support payments. The Child Support Enforcement Program will either begin collection activity against the payor parent or, if the parent that owes money collects public assistance, it will take the money directly from that parent’s public assistance benefits.

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DuPage County child support attorneys, child support enforcementLawmakers in Illinois ended the session without passing a budget. Therefore, without a budget, several programs in Illinois are running a shortfall or are at risk of closing. The Child Support Services Program, a program which helps many people, especially low income families, get the child support to which they are entitled, is being adversely affected by the stalemate.

Budget Issues

As of the evening of May 31, it appears that Illinois will go a second year in a row without passing a budget. ABC 7 Chicago reports that an agreement for an actual budget is unlikely to happen by the deadline between the Democrats and the Republicans in the government. The deadlock has resulted in Illinois working without a budget for the last 11 months. In the meantime, stopgap measures will likely be voted into place to make sure the government keeps going. However, the lack of an official budget is wreaking havoc on government programs, including the Child Support Services Program.

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