When a child is involved in a divorce or paternity action, one of the most significant issues that must be determined is child support. Both parents have a duty to financially support their child, and typically the non-custodial parent pays the custodial parent to help maintain the child’s standard of living. However, there are times when a parent fails to uphold their end of payments, and support can go into collections. At Gordon & Perlut, LLC our child support lawyers in Chicago can help determine your legal options if child support is in collections in your case. To learn more, read below and call or contact our office today.
The Illinois Department of Child Support Services (DCSS) manages the collection and payment of child support in the state. This department has a number of resources available to help enforce the collection of child support when a parent falls behind in payment. Also known as falling into arrears, when child support is in the collection the DCSS may take any of the following actions:
Arrearages refer to past-due child support payments that were not made according to a court order. These debts continue to accrue until paid in full and may include interest and penalties.
In Illinois, arrearages are calculated by multiplying the monthly child support obligation by the number of missed payments and subtracting any partial payments made. Retroactive modifications are not permitted, meaning changes to the support order only affect future payments, not amounts that are already past due.
Is Interest Charged on Arrearages?
Yes, Illinois law mandates a 9% annual interest rate on unpaid child support arrears, calculated from the date each payment was due. This can significantly increase the total amount owed. For example, missing $1,000 per month for a year results in $12,000 in arrears and $1,080 in interest.
What Enforcement Tools Are Used?
The Illinois Department of Healthcare and Family Services (IDHFS) and the courts use several enforcement mechanisms, including:
Wage Garnishment – Employers may be ordered to withhold 50-60% of a non-custodial parent’s disposable income.
Tax Refund Interception – Federal and state tax refunds can be seized to pay arrears.
License Suspension – Driver’s, professional, and recreational licenses may be revoked.
Credit Reporting – Arrears may be reported to credit bureaus.
Liens -The state can place liens on property or financial accounts.
Generally, arrears owed to the custodial parent cannot be forgiven without their consent. However, if the debt is owed to the state (for instance, due to TANF benefits), Illinois may offer settlement programs or debt compromise options in limited situations.
If your financial situation changes, you must petition the court to modify your child support order. However, this only affects future payments, and you will still be responsible for any arrears accrued before the modification is granted.
Yes, if you owe more than $2,500 in child support, the federal government may deny your passport application or renewal until the debt is resolved.
Even after a child reaches the age of majority, arrears remain enforceable. The obligation to pay past-due support does not expire with the child’s emancipation.
You can view your case balance through the Illinois State Disbursement Unit (SDU) or contact the Division of Child Support Services (DCSS). Keep in mind that balances may not reflect accrued interest unless specifically calculated.
Child support arrearages—unpaid child support that has accumulated over time—can lead to serious legal and financial consequences in Illinois. Whether you are a custodial parent seeking overdue payments or a non-custodial parent facing enforcement actions, understanding the rules and remedies is essential. There are times when the DCSS gets backlogged with cases, so if you need more immediate assistance with child support in arrears, a parent can also seek the assistance of a qualified and experienced child support attorney.
If you are owed child support, a lawyer can initiate much of what DCSS does but in an expedited manner through the court, including issuing a wage garnishment order, holding a parent in contempt, seizing assets, or issuing liens. If you are the parent who owes support, a lawyer can help you modify an existing support order if circumstances have changed or negotiate a repayment plan with the other parent. To learn more, talk to our office today.
Understanding child support arrearages in Illinois is crucial for both paying and receiving parents. If you are dealing with arrears, consider consulting a family law attorney or contacting DCSS for guidance. For more detailed information, visit the Illinois Child Support FAQ page or explore LegalClarity’s overview of back child support laws.
Are you struggling with a situation where child support is in collections in Cook County or northeast Illinois? If so, the experienced and knowledgeable Chicago child support lawyers at Gordon & Perlut, LLC are here to help. Call the office or contact us today to schedule a consultation of your case now.