What Can I Do If My Child’s Other Parent Refuses to Pay Child Support?
Research shows that the total cost of raising a child into adulthood averages over $230,000. If you are an unmarried or divorced parent, you may understandably struggle to make ends meet without support from the other parent. Children deserve to benefit from financial support from both of their children, regardless of if the parents are married. This is why Illinois law requires many divorced and unmarried parents to pay child support. Unfortunately, some parents to do not take this essential obligation seriously. If your child’s other parent has not been paying his or her fair share of child support, he or she could face major consequences including wage garnishment and more.
Establishing Child Support in Illinois
Casual child support agreements between parents cannot be enforced by Illinois courts. In order for your child’s other parent to be legally mandated to pay child support, you will need to formally establish child support through the court system. The court will determine the amount of child support based on each parent’s income and assets, the amount of parenting time each parent is assigned, the child’s needs, and other factors. It is important to note that child support orders can only be entered once paternity has been formally recognized. If your child’s biological father is not paying child support and he is not the legal parent of your child, you will need to first establish paternity before you can start receiving child support.
Nonpayment of Court-Ordered Child Support
Court-ordered child support payments are mandatory. Special circumstances may qualify some parents for a reduced child support obligation through a child support modification. However, a parent cannot refuse to pay child support simply because he or she does not want to. If you already have a court order for child support and your child’s other parent is not fulfilling his or her obligation, he or she can face serious consequences including:
- Wage garnishment
- Garnishment of bank accounts
- Interception of state and federal tax refunds
- Property liens
- Driver’s license suspension or revocation and
- Possible jail time
If your child’s other parent is not making support payments in full and on time, a qualified family lawyer can help you enforce your child support order through the court.
Contact a Kane County Child Support Lawyer
At Shaw Sanders, P.C., we understand how vital financial assistance from child support is to a single parent. If your child’s other parent is not paying child support, we will help you take the steps to get you the financial support you and your child need. Whether you want to establish paternity, start child support for the first time, or enforce an existing child support order, we are here for you. Schedule a free, confidential consultation with a skilled St. Charles family law attorney from our firm by calling 630-584-5550 today.