What Happens if a Parent Is Unable to Pay Child Support?

 Posted on January 26, 2022 in Divorce / Family Law

In any divorce or family law case involving children, child support will be an important factor. Both parents will be required to provide financial support for their children that will address the children’s ongoing needs, including basic expenses such as food, shelter, and clothing, as well as costs related to medical treatment, childcare while parents are working, and children’s activities. Once child support orders are issued, a parent will be required to make payments on time and in full. However, circumstances may arise that may affect a parent’s ability to make ongoing payments, and both parties will need to determine how to address these situations.

Enforcement of Child Support Orders

A parent may face a number of consequences if they fail to pay child support as required. The parent who receives support may have a number of options for enforcement of the court’s orders. A parent will be required to make up any payments that have not been made, and interest and fees may also be applied to the amount owed. A parent who fails to pay child support may also be held in contempt of court. A judge may decide to place the parent on probation and impose certain requirements, or a parent may even be sentenced to up to six months in prison while allowing for regular periods of release to ensure that the person can work and earn income to be put toward paying child support. If a parent is at least 90 days delinquent on child support payments, the court may suspend their driver’s license until they fully comply with support orders.

Modification of Child Support Based on Changed Circumstances

Contempt proceedings, imprisonment, and driver’s license suspension are often a last resort in child support cases. Parents may be able to avoid these issues by taking steps to address issues that may affect their ability to pay child support as quickly as possible. Child support orders may be modified if a parent experiences a change in circumstances that affects their ability to make payments. These changes may include the loss of a job, health issues that affect a person’s ability to work, or increases in a person’s living expenses. A parent who experiences these issues may file a petition to modify child support, and the requested modifications may be temporary until the person can find a new job, or they may last permanently if necessary. Until the court issues an order modifying child support, a parent will be required to continue making payments. However, modifications may be retroactive to the date that a petition was filed, so parents who experience financial difficulties will want to take immediate steps to address these issues and avoid potential legal problems related to the non-payment of child support.

Contact Our Kane County Child Support Attorney

It is important to address issues related to child support quickly. Whether you need to make sure your children’s other parent is paying support as required or believe that your support obligations should be modified, Loire Krajniak Law, LLC can provide the assistance you need. We will advise you of your options, help you file petitions in court, and provide you with representation throughout the legal process. To set up a free consultation, contact our Geneva child support enforcement or modification lawyer at 630-448-2406.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm