What Should I Do if My Ex Refuses to Pay Court-Ordered Child Support?

 Posted on January 06, 2021 in Family Law

In most situations in which a child’s parents are not married or in a relationship, there will be some type of formal custody agreement detailing the rights and responsibilities of each parent, including the allocation of parenting time between them. Both parents have a legal obligation to financially provide for their child, whether or not they are the parent who is required to pay child support to the other parent. Most often, the parent with less parenting time is the one who pays support, the amount of which is determined by a formula that considers income and other factors. There are a number of reasons why a person may not make their child support payments, which can be extremely frustrating and financially straining for the other parent. If your child’s other parent is behind on child support payments, an Illinois child support enforcement lawyer may be able to help.

Failure to Support in Illinois

In most cases, there are few excuses for a parent missing or not paying child support payments without first notifying the court or petitioning for a modification to their support payments. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) states that any parent who fails to comply with a child support order will be punished the same as in any other contempt case. Typically, a person will not be found in contempt of the support order unless they have willingly defied the order or there is a history of missed or late support payments.

Taking Action to Recover Child Support

If you are having trouble receiving timely and accurate support payments from your child’s other parent, you may be able to request a contempt proceeding to determine whether or not your ex really is in contempt of the order. This proceeding will allow your ex to come forward with an explanation as to why they have not paid the child support, such as losing their job.

In many cases, parents are not actually found to be in contempt of their child support orders, especially if the parent sets up a plan to repay the back-owed amount. However, if the judge does determine that the parent is in contempt, the judge can impose a sentence of probation or periodic imprisonment. This is in addition to any penalties contained in the Illinois Non-Support Punishment Act, which can be imposed if the parent is found to have willingly evaded payments.

Contact Our Wheaton, IL Child Support Enforcement Lawyers Today

For many parents who share custody of their children, child support payments are necessary to ensure their children have everything they need to be happy and healthy. When one parent stops financially contributing to the child’s upbringing, this can place stress on everyone. At the Goostree Law Group, we can help you examine whether or not your spouse is in contempt of your child support order. If so, we can help you pursue the support that you are owed. To schedule a free consultation with our knowledgeable DuPage County child support enforcement attorneys, call our office today at 630-364-4046.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

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

https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf