A recent survey showed that approximately 37 million primary custodial parents are owed child support arrears. In addition, it is estimated that 60% of parents who do not get child support from their ex-partner are supposed to receive it by court order. Therefore, child support arrears in divorce cases are common, and many people need help with this issue.
Fortunately, you do not have to face this problem by yourself. The experienced child support lawyers in Chicago and Skokie can assist you with obtaining child support arrears. After reading about child support arrears below, please contact Gordon & Perlut, LLC, if you need assistance.
Illinois does not have a statute of limitations on collecting child support arrears. So, your ex-partner can be held accountable for what they owe you and your child. This is true even if the child is over 18.
If your ex-spouse does not pay child support, your divorce attorney in Skokie may be able to get their wages garnished. The Illinois Division of Child Support Services (DCSS) can serve a Withholding for Support order to the person’s employer. The order stays in effect until the child support arrears are paid in full. If the person can do so, they also can make a lump sum payment to stop the wage garnishment. Also, the state government can take federal and state tax refunds to pay the child support arrears.
People in the state who do not pay child support may face severe penalties. For instance, DCSS can revoke a person’s professional license for their profession. In addition, if they are late on the child support payments by more than 90 days, the state also can take away their driver’s license.
Further, the parent may be refused a hunting or fishing license, and their passport can be revoked. Property and possessions also may be seized and sold to pay the arrears. If the parent owes more than $5,000 in child support arrears or is late by more than six months, they can be fined and sent to jail. If they owe more than $20,000, they may even be convicted of a felony.
Child support arrears refer to unpaid or overdue child support payments. In Illinois, support obligations are established by court order, and each payment becomes a legal judgment as it comes due. If a parent fails to pay the full amount on time, the unpaid balance accumulates as arrears.
Once arrears exist, they remain owed until paid in full, even if the child later becomes an adult or the parenting arrangement changes.
In most cases, child support arrears cannot be forgiven. Illinois law treats unpaid child support as a vested right of the child. Courts generally do not have the authority to retroactively modify or erase past-due support amounts.
Limited exceptions may exist if the arrears are owed to the State of Illinois rather than directly to the other parent, such as in certain public assistance cases. Even then, forgiveness is rare and requires specific legal procedures.
Yes. In Illinois, child support arrears accrue statutory interest. Interest can significantly increase the total amount owed over time, especially when arrears remain unpaid for extended periods.
This is one reason it is critical for parents who are struggling to make payments to seek a modification as soon as possible, rather than allowing arrears to accumulate.
Illinois has strong enforcement tools to collect child support arrears. These may include:
The Illinois Department of Healthcare and Family Services, as well as private attorneys, can initiate enforcement actions.
Child support obligations can be modified, but only prospectively. This means a court can change future payments if there has been a substantial change in circumstances, such as job loss, reduced income, disability, or significant changes in parenting time.
A modification does not eliminate existing arrears. However, reducing future payments may help prevent further accumulation. It is essential to file for modification promptly, as courts will not adjust support retroactively.
Child support arrears do not disappear when a child reaches the age of majority. Any unpaid balance remains enforceable until fully paid. Courts can continue collection efforts, including wage garnishment and liens, even years after the original support obligation ended.
In some cases, the court may establish a payment plan to address long-standing arrears.
Parents may reach agreements regarding how arrears are paid, such as installment plans or lump-sum payments. However, any agreement should be approved by the court to ensure it is enforceable and legally valid.
Private agreements that are not entered as court orders generally do not stop enforcement actions or interest accrual.
Child support arrears cases often involve complex legal and financial issues, including enforcement actions, interest calculations, and potential contempt proceedings. Whether you are owed support or facing enforcement, working with an experienced Illinois family law attorney can help protect your rights and identify the best path forward.
Child support is vital to ensure the health and well-being of children in a divorced family. However, if a parent will not shoulder their child support responsibilities willingly, it causes an undue burden on the parent with primary custody. Fortunately, there are several ways in Illinois to obtain child support arrears. Our Chicago child support lawyers can help.
Our skilled family law attorneys also proudly serve the communities of Chicago, Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. You do not need to face your issue with child support alone. If you are divorced and face a child support arrears problem, please contact our child support lawyers in Skokie at (312) 360-0250.