Non-Payment of Child Support Attorneys in Kane County
Enforcement of Child Support Orders in Elgin, Aurora, and St. Charles
Regardless of the relationship between his or her parents, every child is entitled to financial support from both parents. In post-divorce situations, or those in which the parents never married, the non-residential or non-custodial parent is generally responsible for making support payments to the parent with whom the child regularly lives. Missed payments and delinquency can create significant challenges for the child and custodial parent.
At The Stogsdill Law Firm, P.C., we are prepared to help you explore your options regarding available enforcement measures. When your child’s other parent stops paying the required support, our attorneys can help you recover the missed payments. Our knowledgeable team fully understands Illinois child support laws and pledge to remain at your side throughout every step of the proceedings.
Child Support Order Enforcement in Kane County
When a non-custodial parent fails to comply with a court order regarding child support, several measures may be employed in enforcement efforts. In the state of Illinois, responsibility for compliance with child support orders has been assigned to the Illinois Department of Healthcare and Family Services’ Division of Child Support Services, or DCSS. Once alerted to a child support delinquency, DCSS can begin efforts to collect unpaid support from the non-custodial parent. Depending on the circumstances of the case, DCSS has been granted authority by the state to:
- Garnish wages: Unpaid support may be taken directly from the delinquent parent’s paycheck, up to a set percentage, until payments are up to date;
- Seize income tax refunds: A non-custodial parent who is behind on support payments may have his or her tax refund involuntarily applied to the delinquency;
- Force forfeiture of liquid assets: Money being held in personal bank accounts may be seized by a court order to satisfy child support obligations;
- Impact credit ratings: Debt incurred by child support delinquency can be reported to credit agencies, affecting the non-paying parent’s credit score and ability to secure future financing;
- Impose property liens: A lien placed on real estate or personal property must be satisfied by the proceeds of the sale of such property, if and when such sale occurs or the lien is lifted, whichever happens first.
- Revoke or suspend licenses: Driver’s licenses and passports may be suspended or withheld until missed payments are resolved. Other state issued licenses, including professional and recreational licenses, may also be affected;
- Pursue criminal action: Noncompliance with a child support order can eventually rise to the level of criminal activity, prosecutable as up to a Class 4 felony. Prosecution can result in additional fines and significant prison sentences.
With a variety of enforcement tools at their disposal, the state of Illinois and the DCSS frequently cooperate to resolve child support delinquencies. The process, however, can be extremely time consuming, and often very difficult. Our team is committed to helping you through the proceedings, and working with you in achieving the most favorable resolution.
If you should be receiving child support ordered by the court and the other parent has failed to remain compliant, contact our law firm at 630-462-9500630-462-9500 to schedule an initial consultation. One of skilled attorneys will meet with you to discuss your child support case and help you understand your legal options to recovery the delinquent payments. We proudly serve clients throughout Northern Illinois, including Kane County and DuPage County.