Family & Safety

Back child support Money paid by a parent to help another parent support a minor child or an adult child with a disability is child support payments that a paying parent was supposed to make to the receiving parent but didn’t. This is sometimes called child support arrearages. Both of these terms refer to unpaid child support. 

When someone doesn’t pay child support as ordered, they are “in arrears.” This means they owe the unpaid amount and any accrued interest. To catch up, the parent in arrears needs to pay the owed amount and any interest. Arrearages can have many consequences, including jail time.

Parents can only be behind on child support Money paid by a parent to help another parent support a minor child or an adult child with a disability if a support order exists.  Unpaid child support is called a “delinquency.” Amount of back support accumulating after order is entered. Once there is an order granted against the paying parent for the unpaid support (and interest, if applicable), then that judgment An official decision by a court that ends the dispute between parties is called an “arrearage.” Amount of back support owed at the time an order is entered.

Unpaid child support Money paid by a parent to help another parent support a minor child or an adult child with a disability and arrearage Amount of back support owed at the time an order is entered. judgments accrue interest.  The Illinois Department of Healthcare and Family Services (DHFS) will only help in calculating and enforcing interest in certain circumstances.

Child support orders from state agencies, like the DHFS, are administrative orders. If the receiving parent wants to enforce Taking legal steps to make someone do what the court tells them to do interest on this type of order, they must ask a judge. The administrative order A decision made by a government agency must be registered in a circuit court The lowest level of court in Illinois first. Once it's registered in court, the parent who wants to enforce the interest needs to file a Petition (noun) A written request to a court (verb) To request from a court to Determine Arrearage and Accrued Interest.  DHFS will only enforce interest on orders if:

• The youngest child is an adult Any person 18 years old or over or was emancipated by a court.
• No more child support is owed (only interest).
• The interest is more than $500.

If all of these requirements are met, parents can ask DHFS to enforce interest. They must do this in writing and within one year of becoming eligible.

Child support orders from a judge are judicial orders. Missed payments under these orders earn interest by default.  In this situation, DHFS will not provide the judge or the parents with an interest calculation unless they meet the interest policy criteria mentioned above. The interest calculation would be determined by the judge.

If a judge makes or modifies a child support order, A decision by a court telling a parent to pay child support missed payments will accrue interest that is then owed to the receiving parent.

The interest on a missed payment is 9% per year (or 0.75% per month). Interest is charged monthly, starting 30 days after a payment is missed. Interest is only applied to the missed payments. This means accrued interest is not subject to interest.

There is no limit to the amount of interest that can be owed. To avoid being overwhelmed with interest, it is always best to pay some child support Money paid by a parent to help another parent support a minor child or an adult child with a disability rather than none, and to pay as soon as possible. Always pay through the Illinois State Disbursement Unit. Informal payments will not contribute towards arrearages or interest.

To calculate interest manually, it is best to use a trusted simple interest calculator that can be found online.

If a parent’s records don’t match those of the Illinois Department of Healthcare and Family Services, there might be a mistake. Mistakes can exist for both arrearages and interest. If this happens, the parent should organize their records and check for any errors.

If an error is confirmed, the parent will need to have the order reviewed and modified. 

Sometimes a paying parent may be in arrears and unable to catch up. In such a case, the parties can try to work out an agreement. They can agree to change or forgive future payments, unpaid support, or interest. There is no requirement to negotiate, but it can be easier than going to court.

However, informal agreements are not valid. Agreements must be written down and taken to a judge. Judges then approve agreements that are in the best interest of the children.

Sometimes a parent is unable to make payments or reach an agreement. In this case, the delinquent parent may be able to modify To change or adjust the order in court. It is important to do this quickly to avoid the consequences of enforcement.

Judicial orders can be changed by a court, and administrative orders can be changed by the Illinois Department of Healthcare and Family Services. Learn more about changing child support orders. Note that modifications only affect future payments. Payments that were already made can’t be changed.

If there is a child support order, A decision by a court telling a parent to pay child support the Illinois Department of Healthcare and Family Services (DHFS) will track missed payments for both administrative and judicial orders. DHFS can use these enforcement provisions on both administrative and judicial orders.

If the order is administrative, the parent receiving the child support Money paid by a parent to help another parent support a minor child or an adult child with a disability must ask DHFS to enforce Taking legal steps to make someone do what the court tells them to do it. To try to collect what is owed, DHFS can:

• Intercept tax refunds
• Report to credit agencies
• Deny To refuse or say no passports
• Deny or suspend licenses (driver's, hunting, fishing, professional)
• Place liens on bank accounts, property, etc.
• Request a court hearing When the parties in a case present their sides of a case to a judge or other officer
• Collect unemployment benefits
• Issue Income Withholding Orders

If the order is a judicial order, parents can also ask DHFS for assistance, as well as ask the court for help with enforcement. Learn more about enforcement.

Child support Money paid by a parent to help another parent support a minor child or an adult child with a disability and parenting time Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). (visitation) Time spent between a child and a person who is not the parent are separate issues. The paying parent still has the right to see their child even if the other parent isn’t getting payments. For the same reason, a parent still has to pay child support even if they aren’t able to see their child.

The paying parent cannot stop paying child support just because they are being denied visits. The receiving parent also can’t stop visits just because child support isn’t being paid. Both problems must be fixed through the court. 

If a parent is in arrears and seeks to use a court to enforce Taking legal steps to make someone do what the court tells them to do visitation rights, they should expect questions from the judge about their lack of payment. It is always better to pay some child support than none at all.

Once arrearages exist, they do not go away. Never attempt to “wait out” child support Money paid by a parent to help another parent support a minor child or an adult child with a disability payments. If interest exists, it will continue growing until the arrearage Amount of back support owed at the time an order is entered. is paid. Then, the interest too must be paid.

To learn more about back child support and arrearages, parents can read:

• The Illinois Department of Healthcare and Family Services' Child Support Frequently Asked Questions
• The Illinois Department of Healthcare and Family Services' Parents Home Page
• Illinois Marriage and Dissolution of Marriage Act
• Non-Support Punishment Act
• Income Withholding for Support Act

Parents do not need a lawyer Someone who represents clients in courts or who gives legal advice to collect unpaid child support, Money paid by a parent to help another parent support a minor child or an adult child with a disability but having one can help. This is especially true if you face a complex legal situation, such as:

• Back child support,
• Multiple child support orders,
• A change in circumstances, or
• Filing in a court different from the one in which the order originated.

The Illinois Department of Healthcare and Family Services can give you information and assistance navigating the child support system, but they can’t give legal advice. If you need legal advice, you’ll need to talk to a lawyer.

You can use Get Legal Help to find a free legal aid organization or private lawyer near you.