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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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What Can I Do if My Ex Does Not Make Support Payments?

Posted on in Child Support

Oak Brook child support enforcement lawyer

In divorce cases, child support or spousal maintenance payments may be ordered. If you have been awarded spousal support or child support, chances are you need those payments in order to provide for your family’s needs. In some cases, a spouse may not be consistent in making support payments, or he or she may refuse to pay them altogether. Not only can this be frustrating, but it can also result in serious legal ramifications for the non-paying spouse. Both types of support orders are legal court orders, meaning a person can face harsh consequences if they are not followed. Illinois courts have various ways of enforcing support orders when this becomes necessary.

Failure of Support

The state of Illinois does everything in its power to ensure that those who are required to pay spousal support or child support do so. There are a couple of different ways a person can be held in contempt for failing to pay a support order, according to the Illinois Non-Support Punishment Act. A person may be found to be in contempt if they:

  • Willfully refuse to pay maintenance to their ex-spouse, with the knowledge that his or her spouse needs such maintenance.

  • Willfully refuse to provide for the support of their child who needs the support, if they have the ability to pay the support.

  • Willfully fail to pay an obligation for support for longer than six months or owe more than  $5,000 in support, if they have the ability to provide the support.

  • Leave the state in order to evade a support obligation that has remained unpaid for more than six months or that has accrued to an amount more than $10,000.

  • Willfully fail to pay a support obligation that has remained unpaid for longer than one year or has accrued to an amount more than $20,000.

What Can I Do?

Unless the support order was entered into by default, the court presumes the person has the ability to pay the support. Because a support order is a court order, you have the right to take legal action to collect the money that you are owed. If your ex-spouse is not paying child support, you can work with the Illinois Division of Child Support Services (DCSS), which will request prosecution if your ex has not paid support for at least six months or if more than $5,000 in accrued support has remained unpaid.

Another route you can take is through an attorney. A support order enforcement lawyer can work with DCSS to prosecute your ex-spouse. Using an attorney may speed up the legal process, and more solutions for recovering the amount owed may be available. During a trial for your ex’s failure to pay court-ordered support, your attorney can request that the judge sentence your ex-spouse to imprisonment, order them to pay all future payments, and/or come up with a payment schedule to repay the money they owe you. Your attorney may also be able to request to have money withheld from your ex-spouse’s paychecks, to place a lien on their property, and/or to require the posting of a bond or other assets.

Get in Contact With a DuPage County Support Order Enforcement Attorney Today

If your ex has not been paying the support orders that they are legally required to pay, you have options. First, you should get in touch with a compassionate Elmhurst, IL divorce order enforcement lawyer as soon as possible. At Wakenight & Associates, P.C., we understand how difficult dealing with an uncooperative ex can be. Our team can help you figure out the best course of action to recover past due payments and to ensure future payments. Contact us today at 630-852-9700 to schedule a free consultation.



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