Illinois Man Jailed for Not Paying Child Support

 Posted on September 30, 2016 in Child Support

A 35-year-old Illinois man was recently sent to jail for not paying child support. The man was arrested and charged with contempt of court for not paying child support fees. The judge said that he could be released if he posts $250 bail. This recent police beat report is notable because it is relatively rare that someone will be jailed for not paying child support. However, it is possible; as such, parents who are responsible for paying child support should not simply stop making payments without first consulting with a skilled legal professional in the area.

Illinois Non-Support Punishment Act

The penalties for not paying child support are governed by the Illinois Non-Support Punishment Act. This statute is a great place to start to look at the law, which also governs penalties for refusing to pay spousal support.

There are four different ways that you can be convicted of non-payment of child support and they all have specific requirements. The different provisions of the law include:

1. Willfully and without any legal excuse refusing to support their own child when the parent has the ability to;
2. Willfully not paying court ordered support that the person has the ability to pay for at least six months or having accrued arrears of $5000 or more;
3. Leaving Illinois with the intent to avoid paying court-ordered child support while having not paid support for six months or more, or if there is $10,000 or more in arrears; or
4. Willfully not paying support when the person has the ability to pay support and it has been over 12 months since they have paid support or the person is in arrears for $20,000 or more.

It is important to notice that all of the provisions include the element of willfulness or intention. Most of them also have an exception for people who do not have the ability to pay. That is because this law is not meant to punish people who are having financial issues, but rather to give consequences to people who are intentionally shirking their child support obligations. However, there is a presumption that the people can pay child support, and the burden is on them to prove that they cannot.

Penalties

The penalties for running afoul of this section will depend on which section was violated. A first offense of either the first or second part above is considered a Class A Misdemeanor, which is punishable by up to one year in jail and a fine of up to $2,500. A second violation of the first two sections or a violation of the third or fourth section is a Class 4 Felony, which is punishable by one to three years in prison. Violation of any of these sections also requires a fine that depends on the amount of arrears and length of time that child support has not been paid.

DuPage County Child Support Attorneys

If you are trying to collect child support from a delinquent parent or you are having trouble paying the child support that you owe, you should contact a knowledgeable child support attorney as soon as possible. Our DuPage County child support attorneys at Davi Law Group, LLC can help you with all of your child support needs.

Sources:
http://www.wjbdradio.com/local-news/2016/08/27/police-beat-for-saturday-august-27th-2016
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2089&ChapterID=59