What Can I Do if My Ex Defaults on Child Support in Illinois?

 Posted on May 31, 2025 in Child Support

Parents all over Illinois rely on child support payments to help them provide their children with necessities. When a parent defaults on payments, Illinois law allows you to seek help in enforcing the support order. Consider the primary methods used to force a non-custodial parent to comply with a child support order before talking to an experienced Wheaton, IL child support attorney about the details of your case.

Who Enforces a Child Support Order in Illinois?

The Division of Child Support Services (DCSS) from the Illinois Department of Healthcare and Family Services typically handles the enforcement of child support orders. The mechanisms used to enforce a support order can be activated any time after the non-custodial parent misses a court-ordered payment. Some ways to enforce payment include:

• Withholding income: Employers can be ordered to deduct the amount of your child’s support payments from the other parent’s paycheck, automating the process. 

• Intercepting tax refunds: Back child support payments can be taken from federal and state tax refunds, sometimes covering the full delinquent amount.

• Placing liens on property: If the non-custodial parent owns real property, they would not be able to sell it without paying the child support they owe first.

• Suspending the driver’s license: The state has the ability to suspend or revoke the payor’s driver’s license and other types of licenses, including those used for recreational or professional purposes, until payment discrepancies are addressed and resolved.

• Reporting to credit bureaus: Defaulting on child support payments can have a severe impact on their credit score, making it harder for them to secure housing and loans.

• Issuing bank levies: The state can have the child support arrears directly taken from their bank account.

It is not uncommon for the DCSS to be swamped with cases, and you may need a faster way to take action. That means requesting a hearing before the court. When you work with an experienced attorney, they will walk you through the legal process. Child support cases can be contentious and stressful, but the law is on your side.

What Are the Penalties for Not Paying Child Support in Illinois?

According to the Illinois Non-Support Act, a parent is guilty of failing to support their child if they refuse to provide support when they have the ability or when the court requires them to pay through a support order. The penalties can be extensive. They may be held in contempt of court and ordered to pay fines up to $25,000, depending on how long they have been in default. They can lose the opportunity to maintain a passport, and under extreme circumstances, they may face criminal charges.

Contact a Wheaton, IL Child Support Attorney Today

Understanding and using the legal options available to ensure that your child’s other parent adheres to the terms of your court order is within your rights. The DuPage County, IL child support lawyer at Davi Law Group is here to assist you in the process and ensure that your child’s best interests and your rights are safeguarded to the full extent that the law allows. To learn more and take action, call 630-657-5052 and schedule your free consultation today.