Both parents have an obligation to financially support their child, and typically, the noncustodial parent will pay the custodial parent child support in Illinois. However, there are times when a noncustodial parent falls behind in their payments, known as being in arrears. At Gordon & Perlut, Attorneys at Law, our Chicago child support lawyers are here to assist with your child support arrears problems or any other issue that may arise in your child support case. To learn more, call 312-360-0250 or contact our office today to schedule a consultation.
Navigating child support obligations can be challenging — especially when past due amounts, known as arrears, accumulate over time. If you live in Chicago, Skokie, Evanston, Oak Park, or elsewhere in the greater Chicago metropolitan area, it’s essential to understand your rights and obligations under Illinois child support law.
This comprehensive guide explains:
Understanding these topics can help you protect your legal interests and maintain compliance with the law.
Child support arrears occur when a paying parent fails to make court-ordered child support payments on time or in full. These unpaid obligations remain outstanding until paid, regardless of changes in circumstances.
In Illinois, child support orders establish both:
Even if an order is modified later, arrears typically survive the modification and must be repaid.
Under Illinois law, once a court issues a support order, the parent obligated to pay support has a legal duty to honor that order. Child support is considered a legal debt owed to both the custodial parent and the child. Failure to pay support does not simply make someone “behind” — it creates enforceable arrears that can accumulate interest and trigger legal consequences.
Unlike some types of civil debt that expire after a statute of limitations, child support arrears in Illinois generally do not expire. That means:
This applies in Chicago, Skokie, and other municipalities throughout Cook, Lake, DuPage, and surrounding counties.
Child support arrears are not typically forgiven automatically. However, there are limited circumstances under which a court may consider relief. These situations include:
Illinois law allows modification of a child support order if there is a showing of a substantial change in circumstances. This might include:
A modification affects future support but does not erase existing arrears without a specific court order.
In rare cases, courts may consider arrears relief when enforcing full arrears would be unjust or inequitable. Factors a judge may evaluate include:
Note that equitable relief from arrears is exceptional and requires clear proof of hardship or unfairness. Approval is never guaranteed merely because you are struggling financially.
Courts can sometimes enter structured repayment plans to make arrears more manageable. These plans can include:
However, these plans do not eliminate the debt — they simply organize how it is repaid.
Illinois recognizes that child support is a unique type of debt. Unlike typical civil debt subject to a statute of limitations, child support arrears are enforceable indefinitely until paid in full.
This means:
This indefinite enforceability reflects the state’s strong public policy interest in supporting children financially throughout their upbringing.
When a parent falls behind on support, Illinois courts and state agencies have powerful tools to collect arrears. These include:
Wage garnishment allows child support to be automatically deducted from a parent’s paycheck. Employers in Chicago, Skokie, and surrounding areas are legally required to comply with withholding orders.
Federal and state tax refunds can be intercepted to satisfy child support arrears.
Support enforcement agencies can seek court orders to levy bank accounts and other financial assets.
Illinois law permits suspension of a delinquent parent’s driver’s license if support payments are not made.
Parents with significant arrears may be denied a U.S. passport or have one revoked.
Courts can place liens on real estate or other valuable assets to secure payment of support.
While child support arrears do not always appear on traditional consumer credit reports, the consequences can still be damaging:
Additionally, a history of unpaid support may be revealed through background checks for employment, housing, or professional licensing.
Some people mistakenly believe that child support obligations — and related arrears — end when a child turns 18. In Illinois, turning 18 may end the obligation to pay current support, but past due arrears remain owed.
In many cases, support orders extend until a child graduates from high school or reaches age 19, whichever occurs first. However, this does not alter liability for arrears that existed before, during, or after that period.
If you are facing a request for modification due to financial hardship, a court will generally require proof of a substantial change in circumstances. Examples include:
The requesting parent must file a petition, provide documentation (e.g., tax returns, pay stubs, medical records), and appear at a hearing. Even if the court modifies ongoing support, arrears may remain until specifically addressed.
In Illinois, arrears are calculated based on:
Interest may accrue on unpaid support at statutory rates, increasing liability over time. Courts can also award attorney fees or enforcement costs in some circumstances.
Because these computations can be complex, expert legal assistance is often necessary to ensure accuracy.
Yes. Failure to comply with child support orders can result in contempt proceedings, which may include jail time in extreme cases. Courts prefer repayment plans, but incarceration remains a legal enforcement tool.
Yes. Lack of personal knowledge does not negate liability. Courts expect parents to understand their legal obligations once a court order is entered.
Child support orders and arrears obligations are enforceable across state lines under federal and state law. Income withholding, tax intercept, and other enforcement tools still apply.
No. Child support arrears are not dischargeable in bankruptcy. That means filing for bankruptcy does not eliminate your debt.
Seek legal counsel promptly. Courts can structure repayment plans, account for hardship, and modify ongoing obligations. However, arrears will still need to be repaid unless specifically forgiven by a court — a rare outcome.
Child support arrears can have long-term financial and legal consequences for parents in Chicago, Skokie, Evanston, Oak Park, and surrounding Illinois communities. Understanding your obligations and options is essential to maintaining compliance with the law and protecting your rights.
If you are struggling with child support arrears, facing enforcement actions, or considering a modification due to changed circumstances, you do not have to navigate this process alone. A knowledgeable Chicago family law attorney can:
Contact a trusted family law attorney today for a comprehensive consultation and legal strategy tailored to your situation. Timely action can make a significant difference in your financial stability and long-term legal standing. If you have more questions about child support in arrears, call our Chicago child support lawyer at Gordon & Perlut, Attorneys at Law, today at 312-360-0250 to schedule a consultation.
