Enforcing Child Support Payments After a Divorce or Separation

 Posted on June 27, 2025 in Child Support

Following a separation or divorce, child support payments are essential to ensuring that a child’s needs are met. Unfortunately, not all parents will comply with these court-ordered obligations, and some will deliberately try to avoid paying child support by quitting a job or taking a lower-paying job. Unpaid child support can lead to serious financial hardships for the receiving parent and the child.

Thankfully, Illinois law (Chapter 40, 750 ILCS 5/505) provides a range of enforcement tools to help parents obtain the child support to which they are legally entitled. If you are dealing with partial child support payments, late payments, or deliberate, willful noncompliance, speaking to an experienced Wheaton, IL child support lawyer can make a difference.  

How is Child Support Calculated Under Illinois Law?

Illinois has a specific formula for calculating child support. The calculations depend on:

• The number of children the parents have with one another.
• The number of overnights spent with each parent during a year
• The net income of each parent, using either the standardized or individualized formula (Standardized is gross monthly income, while individualized is income after taxes are taken out using the Illinois income conversion chart)
• The payment or receipt of spousal maintenance by either parent
• Social Security benefits by either parent
• Multi-family adjustment (if a parent is paying child support through the state for a child with a different mother)
• The monthly health insurance amount for each child and which parent pays for the insurance.  
• Childcare expenses, including daycare, after-school care, camps, etc.
• Any extraordinary school expenses or expenses for sports participation, clubs, field trips, etc.

An Illinois Child Support Estimator can be found here to get a general idea of the amount of child support that will be ordered. Even when parents have equal amounts of parenting time, one party may still be required to pay child support if he or she makes more money than the other parent. Before Illinois laws pertaining to child support were updated in July 2017, the paying parent paid a set percentage of his or her income based on the number of children.

This has changed, and now child support is based on net income, which is calculated by subtracting allowable expenses from gross income. It is extremely important to have a court order or a court-approved agreement regarding child support. An informal agreement between parents cannot be enforced by the court.    

What Legal Enforcement Tools Are Available in Illinois for Unpaid Child Support?

In some cases, there are legitimate reasons why child support payments are not made. The paying parent could have lost his or her job, experienced a medical illness that prevented employment, or incurred significant medical bills. The most common reasons child support goes unpaid include:

• The paying parent believes the money is not directly benefiting the child.
• The paying parent resents the fact that a judge determined how much of his or her hard-earned money should be sent to the ex-spouse each month.
• The paying parent has lost his or her job.
• The paying parent has remarried and has more children with the new spouse.
• The paying parent believes his or her ex is spending the money on themselves rather than the child.
• The paying parent is unable to see the child, either because the other parent is keeping the child from him or her or because the court has denied parenting time.
• The paying parent sees withholding child support as revenge for what happened in the marriage.
• The paying parent has a drug or alcohol problem.
• A traumatic event, such as a car accident or serious illness, has occurred in the paying parent’s life.

Parents who pay or receive child support should keep accurate records of payments, noting any missed payments. If it is safe to do so, communicating with the paying parent when a child support payment is missed is generally the first step. If the parent refuses to pay court-ordered child support, the first step is usually to file a motion to enforce with the court.

Next, the paying parent’s wages can be garnished by his or her employer. Tax refunds or stimulus checks can be intercepted and given to the parent receiving child support. The parent who refuses to pay child support can have his or her driver’s license suspended and face contempt of court proceedings, which may include jail time and fines. Finally, a lien can be placed on the paying parent’s property or assets.

Modification of Child Support vs. Enforcement

If the parent paying child support has a legitimate reason he or she is unable to pay monthly child support payments, a modification of child support can be requested. This is usually temporary, allowing the paying parent time to find employment or recover from a serious illness. Modifications are for an inability to pay child support, while enforcement addresses an unwillingness to pay child support.

If the paying parent has experienced substantial changes in his or her income for a legitimate reason, it is better to request a modification rather than waiting for enforcement. If a parent responsible for paying child support quits his or her job to avoid child support, there is likely to be an unpleasant surprise. If a judge believes the parent is deliberately unemployed, income for the parent may be imputed.

This means that if the parent was a heart surgeon but now works at McDonald’s (by choice), the judge will impute the level of income the parent could earn rather than what is currently being earned. The judge may also order the parent to seek employment commensurate with his or her education and training.   

Contact a DuPage County, IL Child Support Lawyer

It is important to act quickly when child support is not being paid. This can be done through enforcement or modification, depending on the situation. Your child’s financial stability can depend on what you do now, and the longer you wait, the less likely you are to collect all unpaid child support. A knowledgeable Wheaton, IL child support attorney from The Stogsdill Law Firm, P.C. is ready to help you get the child support you are owed.

Our firm is one of the most prestigious in the area. We are a large law firm, which means our clients benefit from a wide range of resources. At the same time, we offer the highly personalized client attention typically found only in smaller firms. Our extensive experience means our clients can generally expect more positive outcomes for their legal issues. Call 630-462-9500 to schedule an initial meeting with one of our attorneys.