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Illinois child support attorneysRaising a child takes financial resources, so when you are ordered to pay child support, is important that you fulfill your financial obligation. Unfortunately, life can get in the way. People get injured or laid off from their jobs. Health complications can make it difficult to maintain gainful employment. If any of these (or any other scenarios) apply to your situation, there may be options available to you. Learn more with help from the following information. 

Defaulting is Never an Option

Parents who fall behind on their child support payments sometimes avoid asking for help because they fear it will only increase their overall costs. Yet, if changes to their order for support are not made, the obligated parent may fall far enough behind on their payments to warrant disciplinary action from the state. Such consequences may include:

  • Jail time,
  • Cancellation of one’s driver’s license,
  • Cancellation of a professional license,
  • Wage garnishments,
  • Seizure of tax refunds,
  • Damage to one’s credit,
  • Property liens, and
  • Felony charges. 

All of these consequences can be avoided, so long as immediate action is taken when the parent can no longer meet their court-ordered obligation.

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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 Man Jailed for Not Paying Child SupportA 35-year-old Illinois man was recently sent to jail for not paying child support. The man was arrested and charged with contempt of court for not paying child support fees. The judge said that he could be released if he posts $250 bail. This recent police beat report is notable because it is relatively rare that someone will be jailed for not paying child support. However, it is possible; as such, parents who are responsible for paying child support should not simply stop making payments without first consulting with a skilled legal professional in the area.

Illinois Non-Support Punishment Act

The penalties for not paying child support are governed by the Illinois Non-Support Punishment Act. This statute is a great place to start to look at the law, which also governs penalties for refusing to pay spousal support.

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DuPage County family law attorneys, income withholding support actIf your former spouse is not paying his or her child support ordered by the court, the law provides several options for restitution. One of these options comes from the Income Withholding Support Act, which allows for an employer to withhold some of a parent’s paycheck and allocate it towards child support. This act is used primarily in situations where a parent is in arrears and not as an original source of payment for child support.

Illinois Income Withholding Law

The Illinois Income Withholding Support Act is found in 750 ILCS 28/ and was originally written to consolidate many provisions of child support law found throughout the Illinois state code. This act defines the policies and procedures of income withholding in Illinois for child support and insurance purposes.

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