Integrity. Honesty. Resolve.Representing Individuals and Families.

What can you do if your ex does not make their child support payments?

On Behalf of | Jul 1, 2024 | Child Support |

Child support is one way that many parents ensure that their child has a comfortable life. When an ex-partner is not fulfilling their financial responsibilities, it can be a stressful and challenging experience.

Unfortunately, this is an all-too-common issue for parents who depend on child support. In fact, one U.S. Census Bureau report indicates that less than half of parents receive the full amount of child support that the court ordered. If you are a parent in Illinois facing difficulties with receiving child support payments, what can you do to resolve the situation?

Document the missed payments

The first step in addressing missed child support payments is to keep detailed records. Document every instance when your ex only made a partial payment or missed the payment entirely. This documentation can help your ex see the issue if it was the result of a simple mistake, and evidence can be very helpful if you need to take legal action.

Reach out to your ex

Sometimes, missed payments can be the result of a misunderstanding or a temporary financial setback. If possible, try to have a conversation with your ex-partner to resolve the issue.

Speak with an experienced attorney

If you cannot resolve the issue, you may need to seek guidance from a family law attorney. They can help you understand your rights and advise you on the best course of action.

An attorney can also advise you during the process of filing a petition for contempt of court against the non-paying parent. The court may take various measures to resolve the issue. This can include garnishing wages, seizing property, or even imposing probate or jail time to enforce the child support order.

Consider whether modifying your support order is necessary

In some cases, the non-custodial parent may be genuinely unable to make the payments due to a significant change in circumstances, such as job loss, illness, or a decrease in income. If this is the case, parents can petition the court to change their support order to reflect these new circumstances.

While missed child support payments can leave you in a difficult financial situation, it is possible for you to protect your rights and ensure that your child receives the support they need.

Archives