My Ex is Failing to Make Child Support Payments. What Should I Do?

 Posted on December 01, 2022 in Family Law

Getting a divorce is rarely an easy or stress-free process. This is even truer when children are involved. Often, the spouse responsible for caring for the child for the greatest amount of time is eligible to receive child support payments. These payments are used to help pay for the various expenses related to raising a child, including clothing, food, medical care, schooling, and after-school activities. 

In Illinois, the court and the Illinois Department of Children and Family Services may issue orders requiring a parent to make support payments. However, this does not mean the parent always obeys. Failure to receive child support payments can be exceptionally frustrating and even frightening for the parent relying on it. Luckily, you can take steps to ensure your ex-spouse is forced to pay child support. If your ex-spouse fails to pay child support, contact an attorney to ensure that your ex will be required to pay. 

What Constitutes Failure of Support? 

If a judge or Illinois Department of Children and Family Services submitted a child support order during divorce proceedings, it has already been determined that the parent is financially able to pay the child support. Nonetheless, if that parent fails or refuses to make support payments, they can be considered to have failed to follow a court order. In Illinois, the Non-Support Punishment Act declares that a person may be held in contempt of a support order if they do any of the following:

• Decline to provide spousal maintenance payments

• Decline to pay child support even though the court has determined they are financially able

• Have racked up more than $5,000 in unpaid support or have failed to make payments for longer than six months

• Flee the state to avoid making payments or owe payments above $10,000

• Have failed to make payments for longer than one year or owe an excess of $20,000

What Steps Can You Take if Your Ex-Spouse Has Failed to Pay Support?

Since the court issues child support orders, your ex-spouse is legally obligated to make payments, or they may face penalties. You have the right to pursue lawful action against them. You may choose to work with the Illinois Department of Children and Family Services, or you can consult with an attorney. Working with an attorney may yield quicker, more favorable results for your case. 

Attorneys are also helpful because they can work with the Illinois Department of Children and Family Services on your behalf to sue your ex-spouse. Depending on the situation, your lawyer may request several things from the judge, like:

• Submitting a repayment schedule or payment plan so that missed payments can be caught up on 

• Require your ex-spouse to go to prison

• Submit an order to pay all upcoming child support reimbursements

Contact an Arlington Heights Child Support Attorney

 If your ex-spouse fails to make child support payments, do not let them get away with it. Instead, gather evidence that they have missed payments and consult an experienced attorney who can help you pursue the child support you are owed. Contact the skillful Rolling Meadows child support lawyers with A. Traub & Associates. Call 847-749-4182 today for a private consultation.

Source: 

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