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What Happens If My Ex-Spouse Doesn’t Pay Court Ordered Child Support Payments?

By Leslie Fineberg on March 19, 2014

How to Enforce Child Support Non-payment of court ordered child support judgments in Illinois is treated seriously and can lead to serious consequences. If a parent does not pay child support, he or she is subject to enforcement measures according to Illinois and federal child support laws in order to collect both regular and past-due payments.

In Illinois, there is no longer a statute of limitations on back child support payments. Prior to July 1, 1997, Illinois law imposed a 20-year statute of limitations on collection of past-due child support.  In 2000, Illinois law imposed statutory interest on past due installments of child support.

It does not matter whether the parent who is supposed to be making child support payments lives in the state of Illinois or not. He or she is still obligated to make those payments.

Under law, the government can take several actions to assure that those payments are made. They include:

  • Intercepting federal or state tax refunds
  • Seizing lottery winnings or other federal and state payments
  • Suspension a person’s driver’s license
  • Taking assets to repay child support debts
  • Suspension or denial of a U.S. passport
  • Inclusion of child support debts on credit reports
  • Prosecution by the state or federal government on criminal charges, which can lead to fines and imprisonment

If you are trying to collect court ordered child support payments, you can file a petition for a Rule to Show Cause (RTSC), which is most frequently used to seek enforcement of a prior court order. Basically, an RTSC demands that another party appear in court to explain why he or she believes that they should not be held in contempt of court for failing to abide by the Court Order.

Trying to collect payments from a spouse who is not making child support payments can be complicated and frustrating — especially if you don’t understand the process involved in seeking those payments. If you are attempting to recoup child support payments, the family law attorneys at Nottage and Ward in Chicago can help.

If you have questions concerning your legal rights when it comes to child support judgments, call us at (312) 332-2915 or contact us online today to schedule a consultation.

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