Calculating Child Support in Illinois

Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,When you go through a divorce, you may end up with monthly payments that are made to you from your ex for spousal maintenance. If you and your ex had children, you may also have child support payments that your child receives each month. Many times, a person depends on one or both of these payments to maintain their standard of living. If you have existing support orders, your ex is legally required to make these payments and can face severe consequences if they are not made.

When Is Failure of Support Committed?

According to the Illinois Non-Support Punishment Act, a person is committing the offense of failure to support when they:

  • Willfully refuse to provide for the support or maintenance of his or her spouse or child, knowing that they need the support, and have the ability to do so;
  • Willfully fails to make a support obligation required under a support order, if the obligation has not been paid in six months, or has more than $5,000 in accrued unpaid support and the person has the ability to provide the support;
  • Leaves the state with the intent to evade a support obligation required under an order for support and the amount owed is more than $10,000; and
  • Willfully fails to pay a support obligation required under an order for support and the obligation has remained unpaid for more than a year, or the amount owed is more than $20,000 and the person is able to provide the support.

Consequences of Failing to Pay Support

Illinois has strict laws against failing to pay support if you have the ability to do so. The Non-Support Punishment Act outlines the consequences of not paying support, which can range from a Class A misdemeanor to a Class 4 felony, depending on the specific action taken. Jail time and fines can accompany these charges, along with restitution that the judge orders, which will equal the amount of support owed.

In addition to fines and restitution, those who fail to make support payments and are found to have the ability to do so can face driver’s license suspension, wage garnishment, having their tax refunds taken or seizing bank accounts.

Seek Help from a DuPage County Support Enforcement Attorney

If you have an ex who is not making the payments that they should be making, you need the help of a skilled and successful Aurora child support enforcement attorney. Family law courts can be confusing and hard to navigate, but you do not have to go through this process alone. The Law Office of Matthew M. Williams, P.C. can help you investigate your ex’s claims of lack of money or income issues to bring them back in line with your family’s needs. You and your child deserve to get the support that you need. Call 630-409-8184 to schedule a consultation.



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