Can I Get Child Support if the Father is an Illegal Immigrant?
By: Gordon & Perlut, LLC
In many family law situations, it can be difficult enough to ensure that the father of your child pays his child support obligation without additional complicating factors of immigration status. However, given the complexities of U.S. immigration law and concerns about child support collections when a parent is not a U.S. citizen, you may be wondering if you will be able to get child support if the father of your child is an illegal immigrant.
In other words, will the court order the father of your child to contribute to the child support obligation if he is in the U.S. illegally? And what will happen regarding the child support obligation if he leaves the country or gets deported?
These are complex issues, but it is important to know that your child is entitled to support regardless of a parent’s citizenship or immigration status. Accordingly, although it may be more difficult to obtain child support from a parent who is an illegal immigrant for certain reasons.
That parent is still obligated to pay child support under Illinois law, and a child support attorney in Chicago and our area can help to ensure your child receives the support she or he needs and deserves.
When you are separating from your child’s other parent and that parent is an illegal immigrant, you might be concerned that the court will not require that parent to pay child support because of his immigration status.
To be clear, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does not distinguish between parents who are lawful citizens or immigrants in the U.S. and those who have come into the country illegally. Regardless of immigration or citizenship status, a parent is obligated to contribute to child support.
Illinois uses the “income shares” model to determine the total child support obligation. Accordingly, the court will combine the net incomes of both parents—including a parent who is an illegal immigrant—to determine the total child support obligation. Next, the court will apportion the child support obligation based on each parent’s total net income, total parenting time, and other factors that the court determines to be relevant.
In the court order, each parent will be required to contribute a particular amount to the total child support obligation regardless of whether either or more parents are in the U.S. legally. To be sure, a parent does not get out of a child support obligation because he is not lawfully residing or working in the U.S.
If the child’s father is in the U.S. illegally and fails to make payments on his child support obligation, child support collections options that would be available to any other parent who is a U.S. citizen or lawful resident can be applicable. For example, you may be able to ask the court to garnish wages or a bank account, or the non-paying parent may be held in contempt.
When an illegal immigrant parent is deported, the child support obligation still does not cease. However, it can be more difficult to enforce the child support order and to actually ensure that the parent makes payments. You should work with your Chicago area child support lawyer in such a situation to go through the Office of Child Support Enforcement (OSCE) to determine options for child support collections following the father’s deportation.
Do you have questions about child support in relation to immigration status? Our Chicago child support attorneys are here to help. Contact Gordon & Perlut, LLC today to learn more about our services.
Child support obligations often raise complex legal questions, particularly when one parent is an undocumented immigrant. Misconceptions about immigration status and family law can create confusion for parents seeking financial support for their children. The following frequently asked questions address how child support works when an undocumented parent is involved and what custodial parents should know.
Yes. Immigration status does not exempt a parent from child support obligations. Family courts focus on the best interests of the child, not the legal status of the parents. If an individual is a legal parent, the court can order child support regardless of whether that parent is undocumented.
Yes. Undocumented immigrants have the right to access state courts for family law matters, including child support. Courts generally do not inquire into immigration status when deciding child support issues. Both custodial and noncustodial parents may initiate or participate in child support proceedings.
Child support is typically calculated using state-specific guidelines based on income, earning capacity, and the needs of the child. If the undocumented parent is employed, their actual income may be used, even if they are paid in cash or work without formal documentation. If income is unclear, courts may impute income based on work history, skills, or minimum wage standards.
Being paid in cash does not eliminate child support responsibility. Courts can rely on evidence such as bank deposits, employer statements, testimony, or prior tax filings to determine income. Judges may also estimate income if they believe the parent is intentionally underreporting earnings to avoid child support.
Yes. Child support enforcement agencies have multiple tools available, including wage garnishment, liens on property, suspension of driver’s licenses, and interception of tax refunds if applicable. While immigration status may affect certain enforcement methods, it does not prevent courts from issuing or enforcing child support orders.
In most cases, child support proceedings are handled entirely within state family courts and are not reported to federal immigration authorities. Courts are primarily concerned with ensuring financial support for children. However, immigration concerns can be fact-specific, so consulting both a family law attorney and an immigration attorney may be advisable in sensitive situations.
If the parent resides outside the United States, child support may still be possible through international child support agreements or reciprocal enforcement treaties, depending on the country involved. While enforcement may be more challenging, it is not impossible in many cases.
Yes. An undocumented parent who has primary custody of a child may seek and receive child support from the other parent. The child’s right to financial support is not affected by the custodial parent’s immigration status.
Unpaid child support can negatively impact certain immigration applications, especially those requiring proof of good moral character or financial responsibility. Conversely, paying child support as ordered may demonstrate compliance with legal obligations.
Child support cases involving undocumented immigrants can involve overlapping family law and immigration considerations. Working with an experienced family law attorney can help ensure that child support orders are properly established and enforced while minimizing unnecessary legal risks.
Understanding these issues helps parents focus on what matters most: ensuring financial stability and support for their children, regardless of immigration status.