If a non-custodial parent refuses to pay, it may be necessary to initiate a wage garnishment. The program allows for permanent removal of past due child support debt owed to the State of Illinois in exchange for regular ordered payments of support -, To apply, you must complete an application and provide proof that you could not make your child support. payments during the assistance period because: You had a serious illness which prevented you from paying your child support. As such, individuals may be held accountable for their child support obligations long after a child has reached adulthood. This order will stay in effect until the arrearage is satisfied and the individual becomes current with their child support obligations. Our opposing attorney was a bully and very dramatic, but Nichol never flinched. 20 N. Clark Street, Suite 3300 Chicago, IL 60602. Get the information you need to prepare for divorce with Rita Once all of your support payments are made, ​ the child support debt owed to the State of Illinois will be permanently removed. Child support is not something you can file bankruptcy for, but there are other options for you. Be the first to know about new family related articles, news, resources, and much more. Nationwide, it is estimated that 37.5 million primary parents are owed child support arrears. Contempt for Not Following a Parenting Plan, Legal Victory for Stepparents in Civil Union in Illinois, Including Unique Provisions in Parenting Agreements, Separating Without Your Children in a Chicago Divorce. All rights reserved. On August 12, 2016, Governor Rauner signed into law Public Act 99-0764, which changed the manner in which Illinois divorce courts calculate child support. Up to 25 million of these parents receive no support from the non-custodial parent. What is a “Retainer” and Why Do I Have to Pay It? Excellent Representation by a Top Professional - I hired Kim to handle a post-divorce modification. A smart parent who is holding the judgment, and believes that there is some collectability from the obligor, can sit on that judgment and let it grow into an incredible amount of money. Suite 3300 Advocated on my behalf and ultimately helped me win custody of my son. Evening and weekend appointments available, child support for children with disabilities. Does Illinois Child Support Include Child’s College Expenses? Illinois statutes entitle primary parents to receive interest at the rate of 9% per year on child support arrears whether the arrearage stem from temporary or permanent orders. Rodrigo Moreover, individuals may also be prohibited from receiving hunting/fishing licenses, their passport may be revoked, and they may face the seizure of property or possessions to cover their child support arrearages. Further, any written or verbal communication with the non-custodial parent regarding child support should be recorded and saved by an individual’s child support attorney as this demonstrates the attempts at collecting the arrears. However, any past due child support owed to the custodial parent is still owed and must be paid to the custodial parent. Illinois uses a model called "percentage of obligor net income". A miscalculated support obligation can be very costly, so it is necessary to have someone on your side do the calculation to catch any errors. You fall into “arrears” when you fail to pay the full amount ordered. The arrears owed was one thing, but the 9% interest made catching up and being current on the support obligation impossible. Definitely a must hire for you in your most difficult situations. The process was as swift and efficient as possible. Current child support arrears are calculated by determining the difference between what the noncustodial parent owes and what they have paid. Unless requested and granted by the court, primary parents will not be able to pursue additional support or any arrearages that may accrue without this modification in place. She’s intelligent and is very committed to her clients. This information can be reviewed by the DCSS and used to determine the appropriate course of action for collecting any arrears. The information on this website is for general information purposes only. The program can help locate non-custodial parents who are attempting to hide from their child support responsibilities. Current child support arrears are calculated by determining the difference between what the noncustodial parent owes and what they have paid. As such, individuals may be held accountable for their child support obligations long after a child has reached adulthood. Your driver’s license could be suspended, the state of Illinois can garnish any tax return or asset you have, like bank accounts, and can even take your home if you own it. Would never want her to be opposing counsel. To that end, the DCSS will serve a Withholding for Support directly to the individual’s employer. However, any past due child support owed to the custodial parent is still owed and must be paid to the custodial parent. If you qualify, you MUST make your regular ordered child support payments for six months. When you have a child support order, it is not a suggestion of how much to pay, but the amount you must pay. our free resource Guide to Planning for Your Divorce.

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