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What is the Illinois law regarding failure to pay child support?

On Behalf of | Dec 19, 2021 | Firm News |

The failure to pay child support in Illinois is a serious offense that can lead to numerous legal problems. If there are delinquent payments, the supporting parent might not be aware of what he or she will face if caught and convicted. Naturally, it is preferable that a parent maintains payments on time and in full. Unfortunately, that does not always happen. It is wise to understand the state law and what punishments can be issued for a failure to pay child support.

The law will be considered to be in violation if the supporting parent does not pay the required payments willfully and without an excuse when they have the ability to make the payments. It will also be violated if there is a willful failure to pay and the payments are in arrears for more than six months or if the amount owed is higher than $5,000 while the supporting parent has the ability to pay. These are Class A misdemeanors if it is a first-time offense.

It is a violation if the parent departs from Illinois and does so with the intention to avoid making the proper payments based on the court or administrative order and it remains unpaid for more than six months or surpasses $10,000. If the supporting parent does not make the payments required and has not done so for more than one year or owes more than $20,000 while having the ability to make the payments, this will be in violation of the law. These will be charged as Class 4 felonies if they are a first-time offense.

The supporting parent will face fines and possible jail time, as well as other penalties if they do not make the payments that are obligated to. Supporting parents might have numerous reasons why they are not making their payments, and some might be valid. Rather than risk being pursued by child support enforcement, it is preferable to try and have the agreement modified. Parents who are supposed to be receiving child support also have a right to get what is owed. In all circumstances, whether it’s a parent who is paying or the receiving parent, it is wise to have legal assistance to deal with any child support issues.