Child support is taken very seriously in Illinois, and a parent who is not living up to his or her obligation based on the support agreement and is facing charges that there are delinquent payments might have to deal with certain penalties. This can include a fine and even being arrested. Understanding the law for failing to adhere to a child support order is imperative so that a parent can try to get the situation corrected and avoid any further legal entanglements.
If there has been a fine, it might be ordered to be paid to the custodial parent, an officer of the court, or a state agency. This will then be disbursed by the officers or the agency to the person who was supposed to be receiving it. For a person who was arrested for failing to pay child support, the court can allow the defendant to be freed on probation under his or her own recognizance either with or without the requirement to appear in court and provide relief for the amount that is owed. There are conditions to this release, though, such as appearing in court when ordered to do so and complying with the support order.
In the event that there is testimony in open court that states that over the course of one year there was a violation of the support order, the defendant can be put on trial based on the initial charge, be issued a sentence based on the initial conviction, or have the suspended sentence enforced. When recognizance is forfeited, the sum that is owed can be paid in full or in part.
For parents who are not fulfilling their obligation to pay child support, the accompanying penalties can be costly in a multitude of ways, from losing one’s freedom to having to pay more than the original order dictated. Sometimes these situations cannot be helped. Regardless, those who are confronted with allegations of refusal to pay or are dealing with the consequences should make sure to speak to an attorney to provide assistance with the case.
Source: Illinois General Assembly, “Non-Support Punishment Act. — Sec. 35. Fine; release of defendant on probation; violation of order of support; forfeiture of recognizance,” accessed on July 26, 2016