Child support is a crucial financial obligation designed to ensure the well-being of children after a divorce or separation. Unfortunately, not all parents fulfill their responsibility, leaving the custodial parent struggling to provide for their child. If you are wondering what to do when your ex refuses to pay child support, and you’re in Illinois, there are several legal steps you can take to enforce the court-ordered payments.
1. Understanding Your Child Support Order
Before taking any action, review your child support order to ensure you fully understand its terms. The order should outline the amount due, payment schedule, and any special conditions. Before seeking enforcement, you must be able to prove there is a breach of the contract, so it is important to understand your child support order. This will make collecting evidence of your ex’s breach of contract easier.
You can also make adjustments to the order. If you believe modifications are necessary, you may need to petition the court. Common reasons for modifying a child support order include significant changes to the income or expenses of either parent. If enforcement of the order has been difficult, then an adjustment may be helpful to ensure payments are made.
To learn how to get a child support order, check out our article titled “How to File for Child Support in Illinois.”
2. Keep Records of Missed Payments
Documentation is key in child support enforcement cases. Keep detailed records of all payments made or missed, including bank statements, electronic transactions, and written communication with your ex. This evidence will be crucial if legal action becomes necessary. Keep and organize the evidence you collect so it will be easier to show your lawyer and the judge.
3. Communicate with Your Ex
In some cases, missed payments may be due to financial hardship or misunderstandings. Try to have a civil conversation with your ex to understand their situation. While not always possible, you may attempt to work out an arrangement for them to catch up on payments. However, if they refuse to cooperate, further legal action will be needed to enforce the child support order.
4. File a Complaint with the Illinois Department of Healthcare and Family Services (HFS)
The Illinois Child Support Services, under the HFS Division of Child Support Services (DCSS), provides enforcement services for parents who are not receiving court-ordered support. You can apply for their assistance online or by contacting their offices. They have various enforcement tools at their disposal, including:
- Wage garnishment: Wage garnishment occurs when a percentage of each paycheck your spouse earns will be deducted for child support. Typically a court order signed by a judge is needed for wage garnishments, but it still may be possible through HFS.
- Tax refund interception: Tax refund interception occurs when your spouse’s tax return is seized and deducted for child support.
- License suspensions (driver’s, professional, and recreational): Courts have the power to suspend different licenses your spouse may have if they fail to pay child support.
- Bank account seizures: Courts also have the power to freeze bank accounts and take control over them to ensure payments are made.
5. Seek Court Enforcement
If informal resolutions fail, and communication is not an option, you can file a motion in court to enforce the child support order. A judge may hold your ex in contempt of court if they continue to breach the order, which can result in penalties such as fines, wage garnishment, or even jail time in severe cases.
6. Consider Hiring a Family Law Attorney
Navigating child support enforcement can be complex, and having an experienced family law attorney can be beneficial. An attorney can assist with filing motions, representing you in court, and ensuring your ex complies with the law.
7. Explore Alternative Collection Methods
In addition to legal enforcement, you may also explore other collection methods, such as working with a private child support collection agency. These agencies specialize in recovering unpaid child support but may charge fees for their services. These agencies know all the methods people use to avoid paying child support. To learn more about the illegal tricks some will use during divorce, check out our article titled “Can I Empty My Bank Account Before Divorce?”
8. Be Persistent and Patient
Unfortunately, child support enforcement can take time, especially if your ex actively avoids payments. Continue to document missed payments, follow up with enforcement agencies, and consult with your attorney to ensure your child’s financial needs are met. Make sure to try multiple methods of collection to ensure your spouse does not miss payments. The judge will care greatly about the best interests of the children during divorce proceedings so don’t give up after missing a payment.
Conclusion: What to Do When Your Ex Refuses to Pay Child Support in Illinois
If your ex refuses to pay child support in Illinois, you have multiple legal options to enforce the order and secure the financial support your child deserves. Whether through government agencies, private agencies, court action, or legal representation, taking proactive steps and keeping consistent records can help ensure compliance with child support orders. Child support provides stability for your child’s future, and courts take child support very seriously. If you need legal assistance, contact a family law attorney to explore the best course of action for your case.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (How Long Does It Take to Get Child Support in Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about How Long Does It Take to Get Child Support in Illinois?
Published by Dustin Koth on February 27, 2025
