What are child support arrears?
Child support arrears refer to any payments that a non-custodial parent has failed to make as mandated by a court order. These arrears represent a legal debt that must be paid back and do not simply vanish over time. The types of arrears include:
- Missed Monthly Payments – Payments that were due but not made by the non-custodial parent.
- Unpaid Medical or Daycare Expenses – Costs related to the child’s healthcare or care during the day that the non-custodial parent was responsible for covering but neglected to pay.
- Interest on Overdue Amounts – Additional charges that accumulate over time on unpaid amounts, increasing the total debt owed.
Can child support arrears be forgiven in Illinois?
Generally, the answer is no—Illinois courts lack the authority to retroactively change child support obligations once they have been established. However, there are rare exceptions to this rule:
Voluntary Agreement by the Receiving Parent – In unlikely situations, the custodial parent may agree to waive some or all of the arrears, but this must be formally approved by the court.
Negotiation of State-Owed Arrears – If the child has received public assistance, the arrears owed to the state may be negotiated through the Illinois Department of Healthcare and Family Services (HFS), allowing for potential reduction or dismissal.
How is interest calculated on child support arrears?
Under Illinois law (735 ILCS 5/2-1303), an annual interest rate of 9% automatically applies to any unpaid child support. This interest compounds monthly, which can lead to a significant increase in the total amount owed over time. Even if the original court order did not mention accruing interest, courts have the authority to enforce it.
What enforcement actions can be taken?
When child support arrears build up, either the state or the custodial parent may pursue various enforcement measures, such as:
Wage Garnishment – A portion of the non-custodial parent’s wages may be automatically deducted to satisfy the arrears.
Tax Refund Interception – The state can intercept federal or state tax refunds to cover the unpaid support owed.
License Suspension – The non-custodial parent may have their driver’s or professional licenses suspended until the arrears are resolved.
Liens on Property or Bank Accounts – Legal claims can be placed on the parent’s property or bank accounts to secure the payment of arrears.
Contempt of Court Proceedings – If non-payment continues, the custodial parent can file for a contempt hearing, risking fines or even jail time for the non-compliant parent.
The Illinois HFS Child Support Services Division routinely handles many of these enforcement actions on behalf of custodial parents.
Can I go to jail for unpaid child support?
Yes, it is possible to face jail time for unpaid child support if the court determines that the non-custodial parent intentionally failed to comply with payment orders. While incarceration is generally viewed as a last resort—used only when other enforcement measures have been ineffective—courts can issue a civil arrest warrant (known as a body attachment) against a non-compliant parent, particularly if they disregard court orders or fail to show up for hearings.
Can child support arrears affect my credit?
Absolutely. Illinois law allows for the reporting of unpaid child support to credit bureaus, which can have a detrimental impact on the parent’s credit score. Furthermore, these arrears may surface on background checks, thereby hindering the parent’s ability to secure employment or housing opportunities.
What if I can’t afford to pay?
If circumstances arise that affect your financial situation, such as job loss or a significant reduction in income, you are required to file a petition to seek a modification of your child support order. It’s crucial to understand that any modifications will not be retroactive, so it is imperative to file as soon as possible. When reviewing the request for modification, the court will consider factors such as:
Job Loss or Reduced Income – A decrease in earnings can lead to an inability to meet payment obligations.
Disability or Illness – Health-related issues can significantly impact a parent’s ability to earn a living.
Changes in Parenting Time – A shift in the custody arrangement may also affect financial responsibilities.
Until a court approves a modification, the original child support order remains in effect and enforceable.
How do I check my arrears balance?
To keep track of child support obligations, you can access your child support account through the Illinois HFS online portal. This user-friendly portal provides comprehensive information, including your payment history, current balance of arrears, and any enforcement actions currently in progress. Alternatively, you can also contact the Child Support Services Division directly for assistance.