What Can I Do if My Ex Refuses to Pay Child Support?

 Posted on April 15, 2025 in Child Support

Raising a child as a single parent is not easy, even more so if your co-parent does not honor his or her legal obligation to pay child support. Trying to get your ex to pay when they purposely refuse can feel like an uphill battle, but thankfully, you have options. An Illinois family law attorney can provide you with aggressive representation and counsel focused on enforcing your child support agreement and protecting your rights.

At Law Offices of Tedone and Morton, P.C., we sympathize with single parents. When you work with our lawyers, we will strive to make things right for you, advocating for a fair remedy. There are many ways the court can compel a delinquent parent to pay up, and we will do everything we can to help secure missing payments.

Wage Garnishment

One of the most direct ways of getting late child support payments is through wage garnishment. By petitioning the court, you can potentially collect the child support payments directly through your ex’s earnings. Up to half of your ex’s earnings can be confiscated to cover child support, plus interest.

Once a wage garnishment order goes into effect, your ex’s employer is required to fulfill it. An employer who does not comply with a wage garnishment order could be fined or prosecuted. At Law Offices of Tedone and Morton, P.C., we will fight to hold your ex and his or her employer liable for the support you are owed.

Suspension of Driving Privileges

Aside from directly seizing income, the threat of legal action impacting one’s ability to drive can sometimes motivate a delinquent parent to pay child support. The court can temporarily suspend a parent’s driving privileges if he or she is behind on child support by 90 days or more. After that, the delinquent parent has 60 days to catch up on payments or face a license suspension. This license suspension will remain in effect until your ex complies with the court order of child support.

Additionally, the Illinois Department of Healthcare and Family Services can directly take action to enforce a child support order. After falling behind on payments for 90 days or more, DFHS will notify the Secretary of State, who can then suspend the delinquent parent’s license after 60 more days of non-compliance.

Contempt of Court and Criminal Penalties

When somebody undermines the court’s authority by disobeying an order, that person can be held in contempt of court. For failing to pay child support, your ex could be held in civil contempt of court, punishable by fines or jail time. Civil contempt of court is intended less as a punishment and more as a way to get someone to comply with a court order.

Failing to pay child support is also a criminal offense in Illinois. A delinquent parent could be charged with a Class A misdemeanor for falling more than six months behind on child support or owing more than $5,000, assuming the parent has the ability to pay. The longer a parent refuses to pay, the harsher the penalties get, possibly resulting in felony charges.

Meet With a Will County, IL Child Support Lawyer Today

At Law Offices of Tedone and Morton, P.C., our Joliet, IL family law attorneys are ready to advocate for your child’s right to financial support and a stable upbringing. Call us at 815-666-1285 to set up a free consultation today.