Failure to pay court ordered child or spousal support in Illinois can result in serious consequences including being found in contempt of court, aggressive collection efforts, wage garnishment, driver’s license suspension, and even a criminal conviction for those who get too far behind.
Failure to support
A person who willfully, without any lawful excuse, refuses to pay needed support for either a spouse or child may be charged with the offense of failure to support if he or she has the ability to provide it.
If, for example, a parent is order by the court to pay child support and neglects to make payments for over 6 months, or piles up more than $5,000 in arrears, they may be guilty of the offense of failure to pay support and subject to the consequences.
Even if an ex-spouse or parent leaves the state, perhaps in an attempt to evade a support obligation, the meter continues to run so any support that goes unpaid for more than 6 months or accumulates beyond $10,000 can be met with serious consequences, which only increase as time goes on and debt grows.
Assuming that a payor had the ability to pay support and that the court or administrative order was not based on a default judgement, a failure to support can result in a Class A misdemeanor for less egregious offenses or a Class 4 Felony for those who let child support ride. Consequences of a conviction can include imprisonment and fines and require restitution of all unpaid support so it only makes matters worse to get behind.
Failure to pay child or spousal support can snowball quickly further hindering an obligor’s ability to get back on track. The best way to handle child or spousal support arrears is to face the situation head on with the help of an experienced child support attorney. For some, a support modification is needed to reduce payments for periods of unemployment, under employment, illness or disability – prompt action is required when there has been a change in circumstances. For others it is a matter of mitigating the costly consequences of falling behind, so they can finally catch up.
Contact an Experienced Child Support Lawyer for Help
When you have questions regarding the non payment of child or spousal support as a recipient or a payor of a support obligation, contact the Libertyville Illinois family law office of Ronald L Bell & Associates PC for help at 847-495-6000.