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Enforcing Child Support in Illinois 

 Posted on June 02, 2023 in Child Support

shutterstock_2174631313-min.jpgA divorce involving children is always tricky, and it can be complicated when handling child support matters. Child support is an essential source of financial support for divorced and single parents. If your child's other parent is not paying court-ordered child support after your divorce, you have two main options. You can try to enforce the child support order through the Illinois Department of Child Support Services or through the court. If a parent fails to make their court-ordered child support, then your first step should be hiring an experienced family law attorney.

Receiving Child Support From a Non-Paying Ex

The Illinois Department of Child Support Services uses various administrative methods outside of the court system to help pursue administrative remedies. These include:

  • Wage garnishments

  • Liens on property

  • Driver’s license suspension

  • Intercepting tax refunds

  • Denial of a passport

Hiring an experienced family law attorney is a good first step because it will help save you the time and stress of working with the DCSS. An attorney will help you with legal work and ensure everything is pursued effectively. They can help potentially speed up your case if it is time sensitive, And overall, they are better equipped to handle the more complicated matters of your case.

Holding the Parent in Contempt

The proper way to enforce a child support order is to institute a contempt proceeding against the other party. You can do this by filing a motion for post-decree enforcement of the child-support order. You must complete and sign several forms to bring your case to court.

  • Petition for Rule to Show Cause - This form asks the court to force the other party to show up and explain why they are violating and refusing to pay child support or clarify if they were not doing so intentionally.

  • Notice of Motion - This tells the other party when they should appear in court.

Contact a DuPage County Family Law Attorney

If your ex-spouse refuses to pay child support and you cannot find common ground with them, then it may be in your best interest to reach out to an experienced family law attorney. You should not have to figure out this on your own. We can help ensure everything works out in your and your child’s best interests. Contact our DuPage County family law attorneys at Pesce Law Group, P.C., by calling 630-352-2240. We want to help guide and aid you through this process as best as possible.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

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