Illinois Enforcement of Child Support FAQ's
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By The Law Offices of Nye and Associates, Ltd.
Published: July 17, 2004 |
1) How are child support orders enforced?
Enforcement of child support orders may be had through application to the Child Support Enforcement division of the State's Attorney's office in each county. This service is provided without charge to custodial parents who require assistance in collecting support. The receiving parent may also take action through a private attorney, or represent himself or herself in petitioning the court for enforcement.
The receiving parent may file a petition to have the defaulting parent held in contempt for his or her failure to obey the support order. Failure to comply with a support order is contempt of court, which may result in probation or a jail sentence for as long as 6 months, possibly on a work release program. Action can also be taken against the defaulter's driver's license.
2) Besides having the non-supporting parent jailed, are there other mechanisms for collecting child support arrearages?
In Illinois, a child support order is a series of judgments against the supporting parent. It has the full force, effect and attributes of any other judgment, and may be enforced by lien against property or garnishment of wages or bank accounts. An order for withholding may be entered, and the support directly withheld and paid by the supporting parent's employer. Criminal, as well as civil, sanctions may be imposed for failure to support a needy spouse or child whether or not a formal support order exists.
3) Can child support be obtained when the supporting parent and the child are in different states?
Yes. At present, Illinois recognizes two statutes for interstate enforcement of support: the Uniform Reciprocal Enforcement of Support Act (URESA) and The new Uniform Interstate Family Support Act (UIFSA). There are quite a few differences between the two statutes, and it takes a technical understanding to choose which to use. UIFSA permits enforcement of maintenance (spousal support) orders, as well as child support, and will probably eventually supplant URESA altogether.
4) How can a parent get interstate enforcement?
The State's Attorney of the county in which the custodial parent and child live, or a private attorney, can represent a petitioner in an interstate enforcement or modification proceeding. The public offices do an excellent job, but they are often backlogged. For support enforcement intrastate or interstate, the receiving parent should not to let the arrearage mount up before seeking enforcement assistance. See the Illinois State Resources page for a list of public child support enforcement offices.
5) Can child support be enforced against a parent in another country?
Sometimes. There are a few foreign countries which have agreements with Illinois for international reciprocal support enforcement. The State's Attorney can also advise with respect to this. The U.S. State Department is also pursuing agreements with other countries on a national level, and the possibilities are increasing.
