How Is Child Support Enforced in Illinois?
Court orders of child support are designed to provide for a child’s needs when parents divorce or separate. When the paying parent, or obligor, refuses to follow the court order, the other parent can take legal action. If you need help enforcing a child support order, reach out to a Wheaton, IL family law attorney with Roberts PC.
We help our clients reach swift solutions in family law cases, drawing on decades of past experience to determine the best course of action. Throughout your case, we will remain in communication with you so that we can quickly answer any questions you have.
Contempt of Court for Non-Payment of Child Support
When somebody directly or indirectly goes against a judge’s authority, that party can be held in contempt of court, which carries serious penalties. In the courts of family law, refusing to pay child support can result in a parent being held in contempt.
If you are owed child support, you can ask the court to hold your co-parent accountable in what is known as a "petition for rule to show cause." This will result in a hearing in which the obligor can provide an explanation for his or her failure to pay. If the obligor cannot give a good explanation, he or she could be held in civil contempt of court, with fines and possible jail time (750 ILCS 5/505).
Wage Garnishment Against Parents Delinquent on Child Support Payments
The threat of contempt is often a strong motivator for parents to pay court-ordered child support. However, there are also more direct methods to collect unpaid child support. A parent who is owed child support can ask the court to take the unpaid amount directly from the obligor’s paycheck.
When a judge authorizes wage garnishment through a court order, up to 50 percent of the obligor’s income can be used to pay for unpaid child support, including interest. If the obligor does not have any other support payments to make, the court can seize up to to 60 percent. This increases to 65 percent of his or her income if payments are more than 12 weeks behind.
Suspension of Licenses for Child Support Arrearages
When a parent falls significantly behind on child support payments, his or her driver’s license can be suspended. This option is only available if the obligor is at least 90 days late on child support payments.
The Secretary of State will provide the non-paying parent with 60 days of notice before suspending driving privileges, giving him or her the opportunity to get current on payments and avoid the suspension. In addition to a driver’s license suspension, the court can also revoke a delinquent parent’s occupational license for failing to pay support.
Contact a Wheaton, IL Child Support Lawyer
If you need help enforcing a court order of child support, Roberts PC can help you pursue different remedies depending on your needs. To schedule a free consultation with our Lisle, IL family law attorneys, call us at 630-668-4211 today.



