What Happens if My Ex Does Not Make Support Payments?

Aurora child support enforcement attorneyIn Illinois divorces, it is not uncommon for child support or spousal support to be awarded to the appropriate parties. A support order of either type is a legally binding court order, meaning failure to pay can result in severe consequences. The state of Illinois understands that many families rely on these support payments in order to provide for themselves and their children. Because of this, failure to pay child support or spousal support is taken very seriously.

What Constitutes Failure to Support?

According to the Illinois Non-Support Punishment Act, failure to support can occur in a few different ways. If a person commits any of the following actions, they can be held in contempt of court:

  • Willfully, and without any lawful excuse, refusing to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance.

  • Willfully, and without any lawful excuse, refusing to provide support for his or her child who is in need of support, though he or she has the ability to do so.

  • Willfully failing to pay a support obligation that was required by a court or administrative order and six months have passed, or the amount owed is more than $5,000.

  • Leaving the state with the intent of avoiding paying a support order that was required by a court or administrative order and six months have passed, or the amount owed is more than $10,000.

What Actions Can I Take?

It is presumed that the person who is responsible for paying support by order of a court or administrative order is able to do so. Because of this, you have the right to take action against him or her to recover the money you are obligated to receive. As soon as you stop receiving child support payments, you should contact the Illinois Division of Child Support Services (DCSS) so they can begin monitoring your ex-spouse’s payment activities. Once six months have passed or more than $5,000 has accrued, DCSS can request prosecution against your ex.

A child support enforcement lawyer can be beneficial in situations like these, because of the backlog of failure to pay cases with which DCSS deals. An attorney can work with you during a DCSS case, or they can help you reach a solution through the court system. Typically, going through the court system produces a faster result and can offer more remedies for the situation. During a hearing for failure to pay support, the judge can send your ex to jail, order your ex to make future support payments, or agree to a restitution payment schedule to make up for missed payments. The judge could also withhold money from your ex’s paychecks, place a lien on his or her property, or even require him or her to post bond or other assets.

Contact an Aurora, IL Divorce Order Enforcement Lawyer

It can be frustrating if your ex-spouse is not paying his or her required support payments. Fortunately, a tenacious DuPage County child support enforcement attorney can help you recover past and future support payments. At the Law Office of Matthew M. Williams, P.C., we have more than 20 years of experience helping people like you get the support they deserve. Call our office today at 630-409-8184 to set up a consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59

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