What to Do If Your Ex Refuses to Pay Child Support
According to Illinois child support law, a child support order is a court order. If the obligor fails to make payments or delays them, he/she can be held in contempt. This in turn can lead to a six (6) month jail sentence or probation. During imprisonment, they may be allowed to work, but a portion of or all their earnings will have to be paid towards child support.
Failure To Pay Child Support
When a child support order is entered by a judge, it has already been determined the parent has the finances necessary to maintain it. According to the Illinois Non-Support Punishment Act, said parent is deemed to have failed to provide support if he/she:
- Refuses to pay, even though they can do so.
- Refuse to pay spousal maintenance.
- Flees the state to avoid paying support that amounts to $10,000.
- Fail to pay support for six (6) months or must pay $5,000 in unpaid child support.
- Failed to pay support for more than one (1) year or owe more than $20,000 in unpaid support.
What You Can Do to Enforce Child Support Payment
Since your spouse has a legal obligation to make those payments, you can pursue legal action and look for professional child support attorneys in Illinois. You can also opt to work with the Division of Child Support Services (DCSS) who can act on your behalf. However, it is always a better idea to hire a team who can work with you directly.
An Illinois child support attorney who has experience in the field can do all the legwork for you when it comes to collaborating with the DCSS. Some of the solutions he/she can recommend include the following:
- Sentencing your ex-spouse to prison for a set period.
- Demanding a repayment schedule to ensure your children get the money they are owed.
- Order your ex to pay full child support including pending payments.
Whichever outcome you are looking for, you need a legal team that can help you through it, such as the one here at the Law Office of Fedor Kozlov, P.C. We have handled a number of child support cases and other family law matter for more than a decade and know what is involved in all of those intricate processes. Get in touch with us in Schaumburg, Illinois for a consultation today.