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Enforcing Child Support In Illinois

Enforcing child support obligations ensures that a biological parent keeps their obligation to care for that child until adulthood. This obligation is not selective based on the conception of the child, be it a long-term marriage or a one-night stand. Once the biological link is established in the court system, it is a mandated duty to provide care for the child in question, including financial assistance in the form of child support.

Upon the order of child support payments, disbursement should be sent at regularly scheduled intervals until the child becomes an adult. In some cases, the parent making the payment needs more convincing to ensure payment arrives promptly. In these cases, a support enforcement attorney can help.

How Is Child Support Determined

Contrary to the popular belief of many, there is a method of determining the ordered amount of child support in Illinois. Amounts are not unobtainable and arbitrary numbers that suit the judge during that court hearing. Several determining factors are taken into consideration, including:

  • Statutory guidelines for child support
  • Financial needs of the children
  • Financial requirements and income resources for both biological parents
  • Standard of living for the children if the parents were previously married
  • The health of the children, both physical and mental
  • Educational needs of the children

Non-Support Punishment Act

Illinois seeks to ensure that all parents are paying their required support payments. Failure to comply with these orders may result in a significant amount of legal trouble. Not only is the State Attorney able to prosecute the supporting parent to enact enforcement protocol, but the Attorney General also has the same authority. Once found guilty of evading payment or failure to support, enhanced consequences will ensue. Punishments include:

  • Class A misdemeanor convictions result in incarceration for up to one year, or
  • Class 4 felonies consequently earn one to three years in jail.

In addition to jail time, complete restitution of owed child support is due. The court may also impose fines of up to $25,000 in the most severe cases.

Illinois Child Support Enforcement Frequently Asked Questions

How do I make child support payments?

To ensure that your child support payments are properly submitted, you should send them to the Illinois State Disbursement Unit (SDU). There are multiple convenient options for making these payments: you can mail a check, use electronic payment methods, or arrange for payroll deductions directly from your income. For comprehensive details on each payment method, please visit the Illinois Department of Healthcare and Family Services (HFS) website.

What happens if I disagree with a child support review?

If you find yourself at odds with the results of a child support review, you have the right to file an appeal. This appeal process includes a formal hearing, where you will have the opportunity to present your evidence and arguments regarding your case. For detailed guidance on how to navigate the appeal process, refer to the pertinent resources available online.

How do I modify my child support order?

To modify an existing child support order, you must demonstrate a significant change in circumstances. This could involve a change in your income, an increase in the needs of your child, or other substantial life events. You’ll need to file a formal petition with the court requesting this modification. For a step-by-step overview of the modification process, check out the relevant information on the appropriate website.

What enforcement actions can be taken for non-payment of child support?

When a parent fails to fulfill their child support obligations, several enforcement actions can be initiated to ensure compliance. These actions might include wage garnishment, where a portion of the parent’s paycheck is withheld, interception of tax refunds, suspension of driver’s or professional licenses, and even placing liens on property. If you want to see a complete list of possible enforcement actions available, visit the Illinois HFS website for more information.

Can child support be adjusted if my income changes?

Yes, child support obligations can certainly be adjusted if there is a significant change in your financial situation. This could involve a decrease in income or other financial hardships. To initiate this adjustment, you will need to file a petition with the court requesting a modification of the existing order. For more specific guidelines about this process, additional information is available online.

What should I do if I receive a notice about tax refund interception?

Receiving a notice about the interception of your tax refund for overdue child support indicates that you have outstanding payments. It is crucial to address this situation promptly. You should contact the Illinois Department of Healthcare and Family Services to obtain detailed information on the next steps you can take to resolve the issue and make any necessary payments.

How do I enroll in child support services?

Enrolling in child support services can be done easily, either through an online application or by completing a PDF version of the application. The Division of Child Support Services (DCSS) is available to assist you in various tasks, such as establishing paternity, locating the non-custodial parent, and obtaining or modifying a child support order. For more information about these services, please visit the Illinois HFS website.

What is the role of the Illinois State Disbursement Unit (SDU)?

The Illinois State Disbursement Unit (SDU) plays a vital role in the child support system by processing and accurately recording child support payments. This unit ensures that all payments are properly tracked and that funds are efficiently disbursed to the custodial parent, thereby facilitating timely financial support for the child. For more specific information about the SDU’s functions, check the Illinois Child Support website.

Can I receive child support while receiving TANF?

Absolutely! If you are currently receiving Temporary Assistance for Needy Families (TANF), you can also receive child support payments. In this situation, the state will ensure that any child support payments are passed through directly to you, supplementing your financial assistance. To understand more about how this works, further information can be found on the relevant websites.

What resources are available for understanding child support enforcement in Illinois?

A variety of resources are available for those seeking to better understand child support enforcement in Illinois. These include the Illinois Department of Healthcare and Family Services (HFS) Division of Child Support Services, various legal aid organizations, and family law attorneys who can provide assistance and guidance. Additionally, the Illinois HFS website offers a wealth of online resources that deliver valuable information on child support matters.

Contact Our Naperville Child Support Attorney

If you are a custodial spouse and seek to enforce child support payments, we are determined to help. There may be a significant amount of court time in your plight to receive financial assistance for your kids. The ordeal is often made easier and less stressful with the help of a proven and experienced lawyer. If you are interested in discussing your options with our DuPage County child support enforcement attorney, contact Keller Legal Services, P.C. today for your free initial consultation by calling 630-868-3093.

Sources:

http://www.illinoischildsupportcalculator.com/

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59

(Updated 3/6/2025)