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Wheaton, IL child support enforcement attorneyAs any parent can tell you, children are expensive. Between education and childcare, housing, groceries, healthcare, and other child-related costs, raising a child without financial assistance from the child’s other parent can be a major struggle. Parents have a moral responsibility and a legal obligation to provide for their child’s needs. Unfortunately, some parents try to evade this responsibility. If you are a single parent, and your child’s other parent is not paying child support, there are steps you can take to get the financial assistance you and your child deserve.   

Establishing a Child Support Order in Illinois

If you and your ex have casually agreed on a child support arrangement, unfortunately, there is not much that the courts can do to enforce this arrangement. That is why it is important for any divorced or unmarried parent to get an official child support order from the court. If your child’s father is not paying child support, but he never signed a Voluntary Acknowledgement of Paternity or otherwise established his legal relationship with your child, you will need to establish paternity before you can get a child support order.

Enforcing an Existing Child Support Order

If you already have a child support order, but your child’s other parent is not abiding by the order, there are several things you can do to assert your right to receive child support. The Department of Healthcare and Family Services Division of Child Support Services (DCSS) is the agency that enforces child support orders in Illinois. You may also be able to enforce the order through the court system. Parents who do not pay child support can face several significant consequences including:

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Wheaton divorce lawyer for child support enforcement and modificationChild support is intended to help unmarried or divorced parents share the cost of raising a child. Illinois takes child support orders very seriously. When a child support order is entered by the court, the payments are not optional. If you do not pay court-ordered child support, you can face serious penalties, which may include criminal charges. If you cannot afford your current child support obligation, you may be able to request a modification from the court.

Consequences of Child Support Nonpayment in Illinois

In Illinois, child support enforcement is managed by the Department of Healthcare and Family Services' (DHFS) Division of Child Support. Through the Child Support Enforcement Program, the DHFS monitors child support payments and ensures that child support orders are being followed. When a recipient parent is not receiving court-ordered child support payments, he or she may contact the DHFS for help. Once the DHFS is aware of the problem, the agency will take steps to collect the unpaid child support. If the non-paying parent is receiving public assistance, the DHFS can take funds directly from the parent’s public assistance benefits.

If you fail to pay child support, your wages may be garnished. This means money will be taken directly out of your paycheck. In addition, your tax returns may be intercepted, or your bank account may be seized. If you are more than 90 days behind on your child support, your driver’s license or any professional licenses that you have can be suspended. If you owe more than $5,000 of past-due child support, or if you have not paid in six months or more, you may even be charged with a criminal offense.

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