Illinois Unpaid Child Support Laws

• The laws in Illinois are very clear regarding the obligations of a noncustodial parent as far as child support is concerned. There are criminal and civil penalties which can be enforced. Employers can also be hit with penalties in Illinois if they neglect to garnish the wages of those who owe court-ordered child support payments.
  
  

Criminal

• Illinois provides for criminal charges that can be levied against a parent whose child support is in arrears. All of these elements presume the parent has the ability to pay support. To be criminally prosecuted, you must willfully and without a lawful excuse neglect to pay; or fail to pay for more than 6 months; or be more than $5,000 behind; or leave the state to evade the judgment as well as being more than 6 months late or behind $5,000; or fail to pay for longer than a year or owe more than $20,000. The first violation is a Class A misdemeanor which is punishable by no less than 6 months and no more than 1 year in prison. A second offense is a Class 4 felony punishable by no less than 3 years and no more than 6 years in prison.
  
  

Driver's License

• If you fall more than 90 days behind in child support payments, a judge in Illinois can order that your driver's license be suspended. The judge can also grant you a waiver so you can use your car to drive to and from work. You cannot use your car to drive anywhere else unless approved by the court. Your passport can also be suspended if your situation warrants it.
  
  

Miscellaneous

• Illinois law requires that court-ordered child support be deducted from the employee's paycheck and forwarded to the state for disbursement. If your employer fails to withhold the money or forwards it to the state late, he can be fined $100 per day until he is in compliance. If your employer offers health coverage, the Illinois child support program can order your employer to enroll the child in his health care plan at your expense. If there is no employer health insurance, you can be ordered to pay for insurance. Your assets can be seized and liquidated, and a lien can be placed on your property for the amount of child support that you owe, particularly if your children are on public aid. Child support enforcement services, which include asset searches, are automatically triggered, and free, if your family ends up on welfare.