Enforcing Child Support Orders Under Illinois Law

 Posted on March 06, 2017 in Child Support

A court will enter a child support order as part of the divorce process in Illinois, but it is important for both parents to understand how the law provides for enforcement of payment provisions. There are a number of protections in place intended to ensure that financial support never becomes a problem for a parent caring for a minor child. Moreover, there may be harsh consequences for someone who tries to shirk his or her responsibilities.

An Illinois child support lawyer can help you understand your rights and assist in enforcement efforts. Consult with a legal professional if you are facing challenges in dealing with your ex-spouse.

Illinois Income Withholding for Support Act

This law, which applies to all child support orders, requires payments to be automatically deducted from the payor’s income and forwarded to the recipient parent. The State Disbursement Unit (SDU) is the agency of the Illinois government which manages this garnishment process. Unless you have agreed otherwise with your ex-spouse and the court approves an alternative plan, child support enforcement is administered by the SDU.

Withholding Notice to Employer

A Withholding Notice, available from your local courthouse, serves to notify your ex-spouse’s employer of the child support obligation. The Notice alerts the employer that the support amount must be withheld from your former spouse’s income; the accompanying Order provides instructions on how these funds are to be forwarded to the SDU. The withholding documents are a powerful enforcement of child support because they shift obligations—and potential penalties—to the employer directly, in addition to your child’s parent.

Alternative to Income Garnishment

You can agree to a plan for child support with your ex-spouse outside the SDU garnishment process, such as having him or her pay you directly. The divorce court must approve your alternative plan. A common approach is to have the payor deposit an amount equal to six months’ support in an account designated for that purpose. You may access these funds in the event of non-payment of support, but you will have to work out alternative enforcement methods— such as litigation—afterwards since you have opted out of the SDU garnishment process.

Discuss Your Situation with a Qualified Child Support Attorney

Illinois takes child support obligations very seriously, so state and federal law provides various enforcement options if one parent is attempting to dodge his or her legal responsibilities. However, it may be necessary to take stronger action to pursue your rights when a person is failing to adhere to the terms of a support order.

If you are having issues with your former spouse over support, please contact Davi Law Group, LLC. Our skilled DuPage County child support attorneys have experience in handling these cases on behalf of our clients, and will aggressively fight for your rights.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2093&ChapterID=59