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What Can I Do to Collect Unpaid Child Support?
Child support is frequently ordered after a divorce to prevent undue hardship to the main custodial parent. It also ensures that the child’s basic needs are not adversely impacted by the divorce. Although child support orders are legally binding, some parents still refuse to pay. If you need help collecting child support payments, consider working with a Kane County, IL family law attorney.
Depending on your financial situation, your need for child support might be urgent. Our firm is prepared to take aggressive action to help you get the payment you deserve. We can pursue different enforcement actions to uphold the court order.
Wage Garnishment for Unpaid Child Support
If your ex refuses to pay child support, the courts can collect the missing payments directly. When you petition the court to garnish your co-parent’s wages, the court may collect the required payment directly from your co-parent’s paycheck. If necessary, the funds can be withdrawn from your co-parent’s wages, unemployment benefits, or workers’ compensation benefits. The court can even intercept a tax refund to collect what you are owed, plus interest.
Wage garnishment is the most straightforward method to collect unpaid child support. However, it is not the only option available to custodial parents in need of support. Our lawyers can explore other enforcement actions for your child’s welfare.
Holding a Child Support Delinquent Parent in Contempt of Court
When a parent violates a child support order, it undermines the court’s authority. If you can prove that your co-parent violated the court order, you can petition to have him or her held in contempt of court. To initiate contempt proceedings, you must file a document known as a petition for rule to show cause. In this document, you must detail the specific violation – in this case, the failure to pay child support.
The delinquent parent has the chance to pay back the missing support to avoid being held in contempt of court. However, if he or she fails to comply, the court can impose serious punishments, including jail time. This can serve as a powerful motivator to obey the child support order.
Other Options for Child Support Enforcement in Illinois
If your co-parent is at least 90 days behind on child support payments, his or her driver’s license can be suspended by the courts or the Department of Healthcare and Family Services. Additionally, the delinquent parent can be threatened with the revocation of a professional license.
Many enforcement actions are not intended to punish the delinquent parent, but to get him or her to comply with the court order. At Shaw Sanders, P.C., we can help represent you in a legal petition to hold your co-parent accountable.
Contact a St. Charles, IL Family Law Attorney Today
Parenting should be a team effort. Unfortunately, not all parents are willing to take financial responsibility for their children. If you need help collecting unpaid child support, Shaw Sanders, P.C. is ready to assist. Our Kane County, IL post-decree enforcement lawyers can advocate for your child’s well-being. Call us at 630-584-5550 to set up a free consultation.
630-584-5550