Child Support Enforcement in Illinois

If you're having trouble getting the money you're owed under a child support order in Illinois, you should know that help is available from the state and its courts. And if you're a parent who's supposed to be paying child support, you should know about the serious consequences you'll face if you don't pay on time (or at all). Read on to learn how child support enforcement works in Illinois—and how to get help.

Income Withholding for Child Support

The most effective way to collect child support is to have the payments automatically deducted from income received by the parent who's been ordered to pay support (usually, the parent who doesn't have physical custody of the child most of the time). The money will go to the State Disbursement Unit, which will then forward it to the custodial parent.

Under Illinois law, all child support orders must include income withholding orders unless both parents have agreed in writing to a different arrangement, and a judge has approved their agreement.

Income that's subject to withholding doesn't just mean wages and salaries. It also includes other forms of periodic payments, such as:

• compensation for work as an independent contractor
• workers' compensation and disability benefits
• commissions, bonuses, profit-sharing payments, vacation pay, and severance payments
• interest payments
• insurance proceeds
• lottery winnings, and
• pensions, retirement benefits, and annuities.

Unlike in some other states, unemployment insurance benefits generally aren't subject to income withholding in Illinois.

(750 Ill. Comp. Stat. §§ 28/15, 28/20 (2025).)

Getting Help From the Child Support Enforcement Agency in Illinois

Like all other U.S. states (and tribal agencies), Illinois has an agency tasked with enforcing child support: the Illinois Department of Healthcare and Family Services (HFS). If you need help collecting support—despite the income withholding requirement—you can enroll for services online. (You can also visit your local regional office or call the child support call center at 1-800-447-4278.)

Depending on how much a parent owes in back support (known as "arrearages"), HFS has several tools for getting delinquent parents to meet their child support obligations, including:

• getting an income withholding order for the arrearages (in addition to the current support payments)
• placing liens on bank accounts, which can lead to having the money frozen and seized
• placing a lien against an obligor parent's real estate or personal property, so they can't refinance or sell it until they pay the child support debt
• requesting suspension or revocation of the parent's driver's license, professional license, occupational certificate, or hunting or fishing license
• referring the case to state and federal tax authorities to have the child support arrearages taken out of the parent's tax refund
• requesting a denial or suspension of the parent's U.S. passport, and
• initiating court proceedings (more on that below).

When needed, HFS can also help with establishing the child's paternity and locating a missing parent.

Enforcing Child Support in Illinois Courts

You also have the option of going directly to court to enforce your child support order if HFS hasn't already done so—or if the agency's enforcement efforts are taking too long. The two main ways courts can enforce child support are through contempt proceedings or criminal charges.

Contempt of Court for Failing to Pay Child Support

You (or HFS) may file a motion to have your co-parent found in contempt of court for willfully disobeying the order to pay child support, despite an ability to do so. You'll need to serve the other parent with notice of the contempt proceedings.

If the judge finds the delinquent parent in contempt after the hearing, that parent may be:

• placed on probation (with conditions, such as making payments on the support arrearages), or
• sentenced to periodic imprisonment for up to six months.

If a parent is jailed but allowed work release, the judge may order that all or part of the earnings during that time go toward paying off the child support arrearages.

When a parent who's found in contempt is self-employed or runs a business, the judge may order that parent to do any or all of the following:

• produce monthly financial statements showing the income and expenses from the business or self-employment
• look for a job and report on those efforts, and
• report to the Illinois Department of Employment Security to get job-search services.

Courts also have legal tools for discovering any assets that the delinquent parent may be hiding by putting them in the name of another person or business. That way, those assets can go toward paying off the back child support.

(750 Ill. Comp. Stat. § 5/505(b) (2025).)

Be aware that if you're pursuing contempt charges on your own, you'll need to understand and follow court procedures and rules of evidence. The same is true if you're the one facing contempt charges. In either case, you should strongly consider speaking with an experienced family law attorney who can help you navigate the legal proceedings and present the evidence you'll need to support your position. The good news for custodial parents is that they can ask the judge to order the parent who's found in contempt to pay their legal fees and court costs. (750 Ill. Comp. Stat. § 5/508 (2025).)

When Can Parents Be Charged With a Crime for Not Paying Child Support?

Parents may be charged with a crime in Illinois for willfully refusing to support their children, as long as they have the ability to pay and don't have a legal excuse for not doing so. The law presumes that parents have the ability to pay court-ordered child support (unless the order was based on a default judgment). That means it's up to delinquent parents to try to overcome that presumption with evidence that they couldn't pay.

If a parent is convicted of this crime, the penalties—jail time, a fine, or both—depend on the amount of arrearages, how long the parent hasn't paid, and whether the deadbeat parent left Illinois to avoid paying. (750 Ill. Comp. Stat. 16/15 (2025).)

Also, deadbeat parents who willfully refuse to pay child support may be charged with a federal crime if they:

• live in a different state than the child or have traveled to another state to avoid paying the support, and
• haven't made payments for more than a year or owe at least $5,000 in back child support.

Here again, a conviction can result in fines, imprisonment, or both. (18 U.S.C. § 228 (2024).)

What Can Delinquent Parents Do About Child Support Arrearages?

Don't make the mistake of ignoring a notice from HFS that the agency is taking steps to enforce your child support order because you're behind on payments. Any notice you receive should outline your options, including arranging a payment plan or disputing the amount the agency says you owe in back support.

If you truly aren't able to pay the court-ordered child support, you may ask the court to lower your current payments. Generally, you'll have to prove that you've experienced a significant change in circumstances since the order was initially issued—such as a new disability or an involuntary reduction in income. (Learn more about how child support is calculated in Illinois, as well as the rules for modifications.)

Be aware that even if you're successful in getting your child support order lowered, the change won't apply to any amount you owe from before you served your modification motion on the other parent. You'll still be legally obligated to pay those arrearages. Also, you won't be off the hook for arrearages just because your child has reached the age when you're no longer obligated to pay support.