Child Support Non-Compliance Penalties
Non-Compliance Penalties - ACT 16 Non-Support Punishment Act
(A) Failure to Support Defined: Failure of supporting parent to pay shall be found guilty of contempt.
(1) Where the obligor without lawful excuse willfully refuses to provide support of his child under the age of 18 and obligor has the ability to provide such support.
(a) This could result in a Class A misdemeanor.
(2) Where there is a court or administrative order and the obligor fails to pay support if the obligation has remained unpaid for a period longer than six months or is in arrears for an amount greater than $5,000.00.
(a) This could result in a Class A misdemeanor.
(3) If the obligor leaves the State with the intent to evade a support order which has remained unpaid for a period longer than 6 months or is in arrears in an amount greater than $10,000.00. This is regardless of when the child support actually accrued.
(a) This could result in a Class D Felony
(B) Prosecution can be commenced with a complaint filed by the person receiving child support by the State Attorney’s office or by the Attorney General’s office if the case is referred by the Illinois Department of Public Aid.
(C) Interest and fines
(1) Where a support obligation is due and unpaid for 30 days or more interest shall accrue at a rate of 9% per annum.
(2) Courts may impose fines and sentences in addition
(a) Fine of $1-5,000.00 if the support obligation is unpaid for a period longer tan 2 years or is in arrears for an amount from $1-10,000.00.
(b) Fine of 5-10,000.00 if the support obligation is unpaid for longer than 5 years or is in arrears from $10-20,000.00.
(c) Fine of $10-25,000.00 if the support obligation is unpaid for longer than 8 years or is in arrears in an amount greater than $20,000.00.
(d) Suspension of Driver’s License: Failure to pay can also lead to a suspension of that parent’s driver’s license privileges. Courts can however allow for the privileges for the parent employment and medical percentages.
(E) Liens of Non-payor’s property: Public Act 90-18: Welfare Reform Implementation Act - Lien Provisions as to Over Due Support. A new provision was added to 505(d), the final sentence of which now reads, “A lien arises by operation of law against the real and personal property of the non-custodial parent for each installment of overdue support owed by the non-custodial parent.” 750 ILCS 505(d).
(1) Wage garnishment: This language also allows for the garnishment of the non-custodial parent’s wages.
(F) Notice to Obligor in contempt proceedings: In an action to enforce an order for support based on the obligor's failure to make support payments as required by the order, notice of proceedings to hold the obligor in contempt for that failure may be served on the respondent by personal service or by regular mail addressed to the respondent's last known address. The respondent's last known address may be determined from records of the clerk of the court, from the Federal Case Registry of Child Support Orders, or by any other reasonable means.
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