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Enforcing Child Support

A biological parent has an 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. Amounts are not an unobtainable and arbitrary number that suits 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,
  • Health of the children, both physical and mental, and
  • Educational needs of the children.

Non-Support Punishment Act

Illinois seeks to ensure that all parents are paying their required support payments. Failure to complying 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 authorities. 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.

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 a DuPage County, IL 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