How Can I Obtain Child Support From a Nonpaying Parent in Illinois?

 Posted on July 10, 2020 in Child Support

If you are a single parent, you know just how difficult it can be to pay for child-related expenses on your own. Making ends meet without financial support from your child’s other parent can be exhausting. According to Illinois law, both parents are expected to financially contribute to their child’s upbringing even if the parents are unmarried or divorced. A parent is also expected to provide financial support even if he or she does not have parenting time, or visitation rights, with the child. If your child’s other parent is not paying child support, there are several actions you can take to get the financial assistance you and your child need.

Establishing Child Support

The state of Illinois only has the authority to enforce child support payments that have been legally established. If you and your child’s other parent had an informal agreement regarding child support, this is likely unenforceable. To start receiving payments, you will need to obtain an official court order for child support. However, to get an order for child support, your child’s other parent must be legally recognized as his or her parent. If your child’s father is not paying child support and paternity has not been established, you will need to legally name your child’s father before you can obtain a child support order. Depending on your particular circumstances, this may be as simple as having the father sign a Voluntary Acknowledgement of Paternity (VAP). If the father contests his paternity, it may necessitate a DNA paternity test or require other steps.

Enforcing a Current Child Support Order

If you already have a child support order, but your child’s other parent is violating the order, you have a right to seek enforcement. Parents who violate a court order for child support can be held in contempt of court and face criminal consequences. However, going through the court system is not always the best way to enforce a child support order. The Department of Healthcare and Family Services’ Division of Child Support Services (DCSS) can help parents with a variety of needs including:

• Finding a missing parent

• Establishing paternity

• Obtaining an order for child support

• Enforcing an existing child support order

• Modifying an existing child support order

While the DCSS can be a tremendous help, DCSS staff often struggle with very high caseload numbers. This means that establishing or enforcing child support through the DCSS can be a prolonged process. A family law attorney can provide personalized legal help and expedite the process so that you receive the financial assistance that you and your child need and deserve.

Contact a DuPage County Child Support Enforcement Lawyer

After a divorce, a child support order may be essential for the best interests of any children involved. For dependable guidance regarding issues related to paternity, child support, child custody, and much more, it is important to seek professional legal counsel. Call The Stogsdill Law Firm, P.C. Call us at 630-462-9500 today to schedule a consultation with our skilled Wheaton family law attorneys. 

Sources:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx

https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf