What Should I Do If My Child’s Other Parent Is Not Paying Child Support?

 Posted on June 10, 2019 in Child Support

Unmarried or divorced parents have a legal obligation to financially support their children just as married parents do. Unfortunately, some children are forced to live without the monetary support they need when a parent does not pay his or her court-ordered child support. Illinois courts do not take child support nonpayment lightly. Stern laws have been enacted to enforce child support orders and punish parents who do not pay. If your child’s other parent is not paying child support, read on to learn about your options under Illinois law.

Child Support Is Only Enforceable When It Is Ordered by the Court

If you and your child’s other parent only had a casual agreement that they would pay you a certain amount of money in child support, it is going to be much more complicated for you to collect this payment. Illinois courts can only step in and enforce support obligations when there is a court-authorized, legally-enforceable child support order. Fortunately, there are several ways you can acquire this court order.

If there is a question as to the biological relationship between your child and the other parent, you may need to establish paternity before you can collect child support. This can be done via a Voluntary Acknowledgement of Paternity (VAP) form or by filing for an administrative paternity order either with the Illinois Department of Healthcare and Family Services or your local family court. After legal parentage has been established, you will be able to pursue child support.

Child Support Enforcement in Illinois

If you need to file for child support or enforce a current support order, an experienced family law attorney can be a tremendously valuable asset. He or she can help you understand what steps need to be taken in order to apply for child support. You will need to petition the court to either establish child support for the first time or enforce an existing child support order. A parent who refuses to pay court-ordered child support can have his or her wages garnished, tax returns intercepted, a lien placed on his or her property, and can even be charged with a criminal offense in extreme cases.

Contact a Wheaton Family Law Attorney

If your child’s other parent is not paying his or her fair share of costs related to your child, a DuPage County child support lawyer can help. Contact Stock, Carlson & Asso. LLC for sound legal assistance with a wide range of child support, paternity, and family-law related concerns. Schedule your confidential consultation today by calling 630-665-2500.

Sources:

https://www.illinois.gov/hfs/ChildSupport/Pages/default.aspx

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