Over the past several decades, Illinois has provided ever more tools to help enforce child support obligations. Potential penalties for nonpayment of child support in Illinois include:
- Civil contempt
- Criminal offenses
- Suspension of driver’s licenses
- Suspending hunting and fishing licenses
- Tax refund interception
- Obtaining a judgment for mandatory interest on non-paid support.
What happens if I don’t pay my court ordered child support?
Your ex-spouse has remedies when you do not pay child support. One can be held in contempt for non-payment. [750 ILCS 5/505(b)].
The court does not send you straight to jail (including work-release, etc.). Instead, the law allows time to purge any contempt finding.
We call the amount you’re ordered to pay the “purge” amount. The purge should be set based on your ability to pay. In rare cases, however, the court will send you straight to jail, but provide that you may gain your release by making payment in an amount the judge believes you are capable of making.
Child Support Arrears Collected out of Assets.
Understand that each missed support payment under Illinois law is a “judgment.” 750 ILCS 5/505(d). This means that the “custodian” can collect on that judgment–the same as a creditor can for money you owe. The judgment can be enforced against real estate and any other asset you own. This includes bank accounts, stock, 401(k) accounts, etc. Your wages are also subject to garnishment for any child support arrearage judgment.
Is there a quick and easy way to collect child support?
Yes. The lawyer representing the parent who is owed child support can serve on a bank a Citation to Discover Assets. The Citation freezes the account and freezes any funds deposited into the account after the Citation is served. The bank answers the Citation and the parent who owes child support has a chance to rebut the claim, including the lawyer’s calculations.
Non-payment of Child Support is a Crime.
The Non-Support Punishment Act provides that non-payment of support may be a crime. You may be convicted of a Class A misdemeanor if your non-payment continues for more than six months, or is more than $5,000, and if the non-payment was willful and without lawful excuse.
A Class A misdemeanor is punishable by up to one year in jail and a fine of up to $2,500. If the amount exceeds $20,000, you can be charged with a Class 4 felony. These are punishable by one to three years in prison.
Driver’s License in Jeopardy for Non-payment.
Not only a driver’s license, but also professional licensing, such as a license to practice law or medicine, can be suspended because of an arrearage in child support.
Moving out of State to Avoid Child Support
You cannot just move to another state to avoid paying my child support. All states have adopted the Uniform Interstate Family Support Act to allow one state to enforce and collect on the support orders of another state. If you move, they will find you.
Why are the rules so strict?
Having a family is a serious obligation.
The government seeks to protect the interests of your family. The federal and state governments are concerned with “deadbeat dads and moms” who can pay but will not. The welfare of children is a top priority for the government.
Updated: 3/18/24.
