Will I Go to Jail For Not Paying Child Support?

 Posted on January 24, 2025 in Child Support

After a divorce with children, you may be ordered to pay child support depending on the custody arrangement. Child support payments typically last until the child graduates from high school or becomes an adult. As you might expect, these payments can put a strain on your finances. But unless there is a significant good-faith change to your circumstances, like an unexpected layoff, you will still be responsible for making those payments.

Failure to pay child support can come with serious penalties, including criminal prosecution. An Illinois divorce attorney at Pesce Law Group, P.C. can help you appeal for modification of the court order. The longer you avoid paying child support, the harsher the penalties, so taking swift action is important.

Garnishing Income

If you do not pay child support for an extended period of time, you could have the missing payments taken directly from your wages. Under state law, you can have up to 50 percent of your earnings garnished to be put towards child support payments, or 60 percent if you do not have other support obligations.

Your employer is required to comply with this order at the risk of being fined. If you are more than 12 weeks late on a payment, you could be forced to give up another five percent of your wages. You could also have the missing payments deducted from other forms of income, such as unemployment benefits or workers’ compensation.

Deadbeats Don’t Drive

Deadbeats Don’t Drive, or the Family Financial Responsibility Act, holds parents in Illinois responsible for child support payments. The Family Financial Responsibility Act can suspend your driving privileges until you comply with the court order of support.

This measure can only be taken if you have fallen 90 days or more behind on payments. You will be given 60 days’ notice to catch up on payments before your license is suspended. If your driving privileges are suspended due to the Family Financial Responsibility Act, you can appeal for a permit strictly for work and medical reasons.

Criminal Penalties

The last and most drastic measure to enforce child support is the threat of a criminal conviction. If you do not pay child support for at least six months, or your missed payments add up to $5,000 or more, you can be charged with a Class A misdemeanor, facing up to a year of jail time. The law assumes that you can pay for the support unless proven otherwise.

However, the penalties do not stop there. If you fail to pay child support for a year or longer, or if your missed payments add up to $20,000, you will face Class 4 felony charges, punishable by one to three years in prison.

Meet With a Naperville, IL Child Support Attorney

If you have been accused of shirking your child support payments, you could be severely penalized. A DuPage County, IL divorce lawyer with Pesce Law Group, P.C. can advocate for a modification of a child support order and provide you with strong legal counsel. Call our offices at 630-352-2240 to schedule a free consultation.