How to Recover Child Support Arrearages in Illinois Parentage Actions
How to Recover Child Support Arrearages in Illinois Parentage Actions
If you’re a parent owed back child support in Illinois, the process of recovering those unpaid amounts—known as child support arrearages—can be frustrating and complex. Whether your child support order stems from a divorce or a parentage action (where paternity or maternity is established for unmarried parents), the law provides avenues for enforcement.
In this blog, we’ll explore the steps you can take to recover child support arrearages in Illinois parentage cases.
Not all child support arrearages occur because the paying parent is purposefully avoiding their obligations. We understand that life can be challenging and that unforeseen circumstances may make it impossible not to miss a payment. While this article explores the practical steps to collect back child support, a more nuanced approach, that avoids making a bad situation worse. Contact Chicago Mosaic Law to explore your alternatives.
What Are Child Support Arrearages?
Child support arrearages are the unpaid child support obligations that accumulate over time. In Illinois, once a court orders child support, the paying parent (obligor) is obligated to make child support payments. Failure to do so results in arrearages, which add up quickly and negatively impact the receiving parent’s financial stability (and repercussions may affect the paying parent's ability to earn income to earn income).
Illinois Parentage Act: Establishing Legal Responsibility
The Illinois Parentage Act of 2015 governs parentage actions for children born to unmarried parents. Once parentage is established—either through voluntary acknowledgment or court-ordered genetic testing—the court issues a child support order. The parent ordered to pay must meet this obligation, just as in divorce cases involving married parents.
Steps to Recover Child Support Arrearages
Determine the Total Amount Owed
Start by reviewing the child support order and calculating the total arrearages. This includes any missed payments, interest, and penalties. Illinois law allows interest to accrue at 9% annually on unpaid child support, so the longer the arrears go unpaid, the more the obligor owes.
Enforce the Existing Order
If the paying parent has fallen behind on child support, you can ask the court to enforce the order. The court retains the authority to take enforcement measures such as:
Income withholding: The court can order the obligor’s employer to automatically withhold a portion of wages to cover arrears.
Tax refund interception: The Illinois Department of Healthcare and Family Services (HFS) can intercept state and federal tax refunds to apply toward back child support.
Seizing assets: The court may order the seizure of bank accounts or other assets.
License suspension: The obligor’s driver’s license or professional license can be suspended until the arrears are paid.
File a Motion for Contempt
If the paying parent is willfully refusing to meet their child support obligations, you can file a motion for contempt. This motion requests the court to hold the obligor in contempt of court, which could result in penalties such as fines or even jail time if the arrearages aren’t addressed.
Work with the Illinois Department of Healthcare and Family Services (HFS)
HFS offers assistance to custodial parents seeking to collect child support arrearages. They can help enforce child support orders, locate the non-paying parent, and pursue more aggressive collection methods. Even if your child support order was issued in a parentage action rather than a divorce, you can still request HFS support.
Consider Filing a Lien
Under Illinois law, you may be able to place a lien on the obligor’s property, such as a home or vehicle, for unpaid child support. This lien prevents the obligor from selling the property without first satisfying the debt.
Statute of Limitations
There is no statute of limitations on the enforcement of child support orders in Illinois. This means you can seek unpaid child support, regardless of how long the arrears have been accruing. However, you should act sooner rather than later to prevent the obligor from hiding assets or becoming harder to locate.
What If the Parent Lives Out of State?
If the non-paying parent lives outside of Illinois, recovering arrears may require interstate enforcement under the Uniform Interstate Family Support Act (UIFSA). Illinois courts can work with courts in other states to enforce child support orders, garnish wages, or seize assets across state lines.
Conclusion
Recovering child support arrearages in Illinois parentage actions can be a complex and lengthy process, but we are here to help. Whether you are seeking a mediated settlement, wage garnishment, or contempt proceedings, there are several tools available to help you enforce child support orders. If you’re dealing with unpaid child support, contact us to help you navigate your options and secure the support your child is entitled.
Attorneys’ Fees
Many parents who are owed arrears are under financial strain and cannot afford to pay a retainer. In some situations, a contingent fee arrangement can be a solution without the burden of upfront legal fees. While Rule 1.5(e) of the Illinois Rules of Professional Conduct prohibits contingent fees in domestic relations matters; they are acceptable in connection to recovering child support arrearages.
If the non-paying parent (obligor) has known access to funds, Illinois courts may order the obligor to cover attorney fees for the custodial parent (obligee). Illinois law grants courts discretion to order attorney fees in child support enforcement actions under the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act. Make sure your attorney discusses all the options with you.
