Family & Safety

To learn more about the basics of child support, you can read Child support common questions.

If the child support payments are made through the Illinois State Disbursement Unit (SDU), it can provide a list of the payments already made and the amount the paying parent still owes. Parents should compare their personal records with those from SDU because SDU's records may not always be right.

If the child support payments are made through the circuit clerk's office, parents can ask the circuit clerk's office for the same information that they could request from SDU.

If the child support payments are made directly to a parent, then they will have to be ready to show evidence that the paying parent did not pay the child support they were ordered to. They should expect that the paying parent will also keep records of payments which they will have the opportunity to show the court. Therefore, the receiving parent should be sure to inspect their records thoroughly to make sure they are not missing payments or misrepresenting the total paid when in court.

Unpaid child support can add up to a debt called an “arrearage.”  This debt can collect interest.

There are a few options available to parents in trying to enforce a child support order:

• Mediation: the parents should try to work out the problem if it is safe to do so. If the parents are having trouble talking, then mediation may be a good option. It is important that if the parents agree to a change or solution, they get it entered as a court order.

• File a petition to enforce the child support order: A parent can ask the judge for a new court order with an updated child support amount owed showing an amount to make up for the missed child support. The parent can then serve a new Notice to Withhold Income for Support on the paying parent and their employer to include the past-due missed payments.

  The receiving parent can also ask a judge to hold the paying parent in contempt for not paying child support. This includes fees or even jail time. If the paying parent has a reason for why the violation of the court order was not intentional, for example, if they lost their job and have not been able to get a new one, they must explain this to the judge. The paying parent should be aware that even if they can show a good reason for why they have not been able to pay, they likely will still be responsible for the past-due payments. In a Petition for Rule proceeding, the paying parent can also ask the judge to assign a lawyer to represent them. Their representation will be limited to the contempt proceedings. In some counties, a public defender may be assigned.

• Contact the Illinois Department of Healthcare and Family Services (DHFS) for help with collecting current and past due child support.

Unlike filing a lawsuit yourself, the Illinois Department of Healthcare and Family Services (DHFS) can use the following ways to collect child support payments that are owed to the receiving parent:

• Issuing and sending out Notices of Withholding;
• Intercepting tax funds;
• Reporting the paying parent to a credit agency;
• Denying a passport;
• Denying or suspending a license (driver's, hunting, fishing, professional);
• Placing a lien on bank accounts, property, etc.;
• Scheduling a court hearing; or
• Collecting unemployment benefits.

The DHFS lawyer handling this case does not represent either parent. While the lawyer is working to help get child support paid, the lawyer is really working on behalf of the State of Illinois. This is important because any talks the parent requesting child support has with the lawyer from DHFS will not be confidential and may not remain secret.

In addition to the above actions the Illinois Department of Healthcare and Family Services (DHFS) can take to collect child support, a parent can also ask the judge to hold the other parent in contempt for not paying child support. Contempt could include fees or even jail time if the parent does not cooperate.

No.  A parent cannot be denied decision-making responsibility or parenting time with a child just because they are behind on child support. However, a judge may consider the parent's unwillingness or inability to pay when making these decisions. 

If the paying parent’s income is at or below 75% of the Federal Poverty Guidelines (for a one-person family), the court can order a $40/month child support obligation per child. The total monthly obligation for such a paying parent is capped at $120. So, even if that parent is paying for the support of 4 children, the paying parent will only have to pay $120 every month—not $160.

If the paying parent has no income for reasons that are beyond their control, then the court may not require them to pay any support. For example, if they cannot work because of disability or incarceration, then the judge may order them to pay $0. However, if there are child-related benefits that the parent is receiving, they may order that this sum be paid directly to the other parent.

If the judge suspects that the paying parent is voluntarily choosing to stay unemployed, then the judge can order the parent to complete a job search. The parent can be ordered to go out and submit applications for a certain number of jobs before the next court date. When the parent submits the job application, it is likely they will have to request a signature from a manager or employee they submitted the application to for proof of completion. Then, at the next court date, the judge may request proof of completion of the job search. The same is true of the judge suspects that the paying parent is “under-employed,” meaning they are working fewer hours or in a lower-paying job than they are capable of working.

Yes.  In Illinois, a parent has a right to receive child support regardless of their immigration status. Family courts should not report their immigration status to immigration officials.

Yes. Child support collection options are available whether or not the paying parent is an undocumented immigrant. For example, a court can garnish wages or a bank account or hold the paying parent in contempt.

Child support payments do not stop if the paying parent is deported or otherwise leaves the United States. Child support orders can be enforced internationally in a few ways:

• Some countries have signed an international treaty called the Hague Convention. Under this treaty, the US has agreed to work with other countries to enforce child support orders. To see if a country is a member of the Hague Convention, visit the US Office of Child Support Enforcement website. You can view the country’s profile and find forms.
• Some countries are not part of the Hague Convention but have agreements with the US to enforce child support orders. These are reciprocity arrangements. To see if a country has a reciprocity arrangement with the US, visit the US Office of Child Support Enforcement website.
• Some countries, like Mexico, are not part of the Hague Convention and do not have reciprocity arrangements with the US. However, the country might have an arrangement with individual states. Illinois has a reciprocity arrangement with Mexico.

If the paying parent is in a country that is not part of the Hague Convention and there are no reciprocity arrangements, it could be difficult to get help from US child support agencies. A US child support agency could help by offering suggestions or information on your options. For example, a parent may choose to hire a private attorney in the country where the paying parent is located.

Yes. When someone owes more than $500 in unpaid child support, the Illinois Department of Healthcare and Family Services (DHFS) can tell the Internal Revenue Service (IRS) to intercept any tax refund that’s owed to the delinquent parent. DHFS can also ask the Illinois Comptroller to intercept state tax refunds.

The IRS is supposed to notify you ahead of time about any tax intercept. They should also refer you to the agency that’s collecting the support. That gives you a chance to try to stop the intercept or get your money back. The only way to stop an intercept is by proving you’re current on your support or not as behind as they say you are.

Yes. There are two general avenues to a license suspension:

• A judge can hold a paying parent in contempt of court if they have not paid anything in 90 days, which is called being delinquent. In this case, there is a court order for child support.  If the judge suspends the license without holding the parent in contempt of court, the parent will get a separate court notice.  The notice will notify the parent of the upcoming suspension and ask to catch up on payments or seek a court-approved payment plan.  There is also a right to request a court hearing to “contest the issue of compliance” within 45 days.
• The Department of Healthcare and Family Services (DHFS) requests the Secretary of State suspend the license because the parent has not paid per the kind of “administrative” child support order that DHFS can set.  DHFS rules indicate they generally will not request this unless the paying parent is at least 90 days and $2,500 behind in child support. Before the license is suspended, the paying parent will be notified of the upcoming suspension and given 60 days to catch up on payments or make payment plans the DHFS approves of.

The paying parent has a right to a hearing with the Secretary of State, which stops the suspension until a final decision. If the license is suspended, the paying parent can ask the judge or DHFS for a special driving permit that allows the paying parent to drive to and from work.

Yes.  Child support must be paid even if the paying parent files for bankruptcy.

You may want to get a lawyer to help you with enforcing child support. You can use Get Legal Help to find a free legal aid organization or private lawyer near you.