What Happens if a Parent Falls Behind on Child Support in Illinois?

 Posted on June 26, 2025 in Family Law

If your child’s other parent is behind on child support payments, you have several options to enforce the support order and recover the money you need for your family. In Illinois, the courts and the Department of Healthcare and Family Services (DHFS) have several methods for collecting the total amount of past-due payments, known as child support "arrears." 

Falling behind on child support in Illinois can have serious legal and financial consequences. Although the State of Illinois can impose these consequences and recover unpaid child support through DHFS, a highly-rated Oak Park child support attorney with experience since 1988  in post-decree matters can guide you more quickly through the enforcement process and represent you in court if necessary.

Child Support Payment Enforcement in Illinois

The Illinois statute (750 ILCS 16/15)  states that you can take someone to court to enforce child support payments under the following circumstances:

• They refuse to pay court-ordered support when they can afford it;

• They do not pay for more than six months, or owe over $5,000 in arrears;

• They move out of Illinois to avoid paying child support, while owing more than $10,000 or not paying for over six months; or,

• They go over a year without paying or owe more than $20,000.

This statute includes a "presumption of ability to pay support," which means that the law assumes that the person could afford to pay the amount stated in a valid court order or administrative order for child support. In a court proceeding, the burden is on the non-paying parent to prove that they could not pay.

Methods of Enforcing Child Support Orders in Illinois

In Illinois, DHFS’s Division of Child Support Services (DCSS) is responsible for enforcing court-ordered child support. DCSS can use several state-authorized methods, ranging from wage garnishment to property liens.

Withholding Income and Intercepting Tax Refunds for Back Child Support

Wage garnishment, the legal process where part of a person’s pay is withheld by their employer to pay off debt, is the most commonly used tool to enforce child support payments. Based on the Income Withholding for Support Act, child support can be automatically deducted from the paying parent’s wages.

The state can also intercept federal and state income tax refunds to collect child support arrears through DHFS and the Treasury Offset Program (TOP) if the past-due amount exceeds $500 and there is a formal child support enforcement order in place.

Property Liens and Asset Seizure for Back Child Support

DCSS also has the legal authority to seize funds from financial resources like a bank or investment account through a Financial Institution Data Match (FIDM). Another way to get repayment is through property liens on real estate or personal property, such as business assets, vehicles or any other significant property. The non-paying parent then has to pay those liens before the property can be refinanced or sold.

Contact an Oak Park, IL Child Support Attorney Today

If you are attempting to collect unpaid child support, you do not have to face the process alone. The skilled Hillside, IL child support lawyer at the Law Office of Vincent C. Machroli, P.C. can help you enforce your legal rights. Call 708-449-7404 to schedule a no-charge legal consultation and get knowledgeable legal support today.