Child Support Non-Compliance Penalties

ACT 16 regarding Non-Support Punishment Act states that failure to pay support, defined, failure of supporting parent to pay shall be found guilty of contempt, where the obligor, without lawful excuse, willfully refuses to provide support of his child under the age of 18, and the ability to provide such support. This could result in a Class A misdemeanor.

Where there is a court or administrative order and the obligor fails to pay support, if the obligation has remained unpaid for a period longer than six months, or is in arrears for an amount greater than $5,000, this could result in a Class A misdemeanor.

If the obligor leaves the state with the intent to evade support order which has remained unpaid for a period longer than six months, or is in arrears in an amount greater than $10,000, regardless of when the child support actually accrued, this could result in a Class D felony.

Prosecution could be commenced with a complaint filed by the person receiving child support, by the States Attorney’s Office, or by the Attorney General’s Office, if the case is referred by the Illinois Department of Public Aid. There are also interests and fines on top of this. You can have someone’s license suspended. Failure to pay can also lead to the suspension of that person’s driver’s license privileges. Courts can, however, allow for the privileges for the parent’s employment and medical percentages.

You can also have liens on the non-payer’s property. You can also bring the person back into court and try and hold them in contempt. So, as you can see, the obligation to pay child support is a serious obligation and the court takes it seriously. If you feel you are entitled to child support and you are not receiving it, contact an experienced divorce or family law attorney in your local area to get the proper help that you need.

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