Child support is a vital legal obligation designed to ensure that children receive the financial support they need from both parents, regardless of their marital status or living situation. When parents separate or divorce, the non-custodial parent is often required to pay child support to help cover the child’s expenses that the custodial parent pays day to day.
However, some individuals may attempt to evade this responsibility by hiding assets, including bank accounts. In this article, we will explore the question “it is illegal to hide a bank account from child support obligations?” We will also explore the potential legal consequences of doing so.
The Importance of Child Support
Child support plays a crucial role in the well-being and upbringing of children. It helps cover essential expenses such as food, clothing, education, healthcare, and housing. Courts take child support obligations seriously because they are intended to ensure that children have access to the financial resources they require for a stable and nurturing environment, while also not unnecessarily burdening the custodial parent with the many costs associated with raising a child. The court believes both parents should help support their children financially while they grow.
Is Hiding a Bank Account Illegal?
Yes, it is illegal to hide a bank account from child support obligations for multiple reasons. Here are several reasons why:
- Legal Obligation: Child support orders are issued by courts based on the financial circumstances of both parents. When a parent deliberately hides assets, including bank accounts, they are violating the court’s order and their legal obligation to provide financial support to both the child and the other parent.
- Fraudulent Conduct: Concealing assets to avoid child support payments can be viewed as fraudulent conduct. This may involve providing false information about income or assets during court proceedings or failing to disclose the existence of bank accounts. For the purposes of child support, alimony, and asset division, it is important to disclose all assets including, but not limited to, bank accounts.
- Contempt of Court: Courts have the authority to hold individuals in contempt if they fail to comply with court orders, including child support orders. Hiding a bank account can lead to contempt charges, which may result in fines, penalties, or even imprisonment if deemed appropriate. To learn more about contempt of court check out our article titled “How To Beat Contempt Of Court For Child Support.”
- Civil and Criminal Consequences: Concealing assets from child support can lead to both civil and criminal consequences. Civil consequences may include additional fines and arrears, while criminal charges may involve charges of fraud or perjury if you are caught.
- Damaging Consequences for Children: Ultimately, the act of hiding assets has the most significant negative impact on the children, as it deprives them of the financial support they need for a stable and secure upbringing.
Penalties for Hiding Bank Accounts
The penalties in Illinois for hiding a bank account from child support obligations are governed by the Non-Support Punishment Act (750 ILCS 16/15). These penalties can vary depending on the jurisdiction and the specific circumstances of the case. However, potential consequences may include:
- Additional Child Support Obligations: Courts may order the parent to pay back child support, including any arrears that have accumulated due to the hidden assets.
- Fines and Penalties: The non-compliant parent may be fined for failing to comply with court orders and for fraudulent conduct.
- Loss of Custody Rights: In some cases, a parent who deliberately evades child support responsibilities may jeopardize their visitation or custody rights.
- Criminal Charges: In extreme cases of fraud or perjury, the parent may face criminal charges, which could result in imprisonment.
Missing child support payments can also have consequences. Courts will take drastic measures to ensure child support payments are made. To learn more about the consequences of missing child support payments check out “How Many Child Support Payments Can Be Missed Before Jail?”
Changing Your Child Support Agreement
If you are worried about being able to afford paying for child support, you can attempt to modify your agreement. Typically, courts in Illinois will allow modification of child support and alimony agreements if one parent has had significant changes in income. If you have recently changed jobs and taken a paycut in the process, it is possible you can ask the court to modify your child support agreement. To learn more about child support agreements, check out our article titled “How Does Child Support Work If the Mother Has No Job?”
Conclusion: Is It Illegal to Hide a Bank Account from Child Support?
Hiding a bank account from child support obligations is not only unethical but also illegal. Child support is a vital means of ensuring that children receive the financial support they require for their well-being. In Illinois, deliberately concealing assets to avoid this responsibility can lead to serious legal consequences, including fines, penalties, and even criminal charges.
If you have concerns about child support matters, it is essential to consult with an experienced family law attorney, like those at KGN Law Firm, who can provide guidance and help ensure that your legal obligations are met while protecting the best interests of your child. Ultimately, honesty and compliance with court orders are the best approaches to address child support obligations responsibly and ethically.
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 (Is It Illegal to Hide a Bank Account from Child Support?) 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 to answer the question Is It Illegal to Hide a Bank Account from Child Support?
Published by Dustin Koth on February 28, 2024
