Will My Ex Go to Jail for Not Paying Child Support?

 Posted on May 06, 2024 in Child Custody

Child support is taken seriously by Illinois law. Parents who willfully do not comply with child support orders can face severe consequences.

The key word, however, is “willfully.” The law understands that sometimes circumstances change. The parent who was ordered to pay child support — also referred to as the payor or obligor — may have a valid reason for no longer being able to make payments. But if payments are withheld deliberately, the parent will face serious penalties.

The best way to understand how Illinois law will view your case is to contact a qualified Illinois child support attorney.

What Are the Penalties for Withholding Child Support?

The penalties for withholding child support largely depend on how much has been withheld or for how long. These and other factors determine whether a parent is guilty of a felony or misdemeanor under Illinois law. For example:

• If the parent refuses to pay child support for more than six months or the delinquent payments add up to more than $5,000, he or she has committed a Class A misdemeanor. This carries a maximum jail sentence of up to 364 days and a fine of up to $2,500.

• If the parent leaves the state to avoid paying child support and payments go unpaid for more than six months or the unpaid payments add up to more than $10,000, he or she is guilty of a Class 4 felony. This carries a prison sentence of up to three years and a fine of up to $25,000.

• If the parent is able but refuses to pay child support for more than one year, or if unpaid payments add up to more than $20,000, he or she is guilty of a Class 4 felony.

• If a parent is caught refusing to pay child support more than once, it is considered a Class 4 felony.

Additional Fines

A parent who can make child support payments but willfully refuses may also be hit with the following fines in addition to the above:

• Between $1,000 and $5,000 if support has gone unpaid for more than two years, or unpaid payments amount to more than $1,000 and up to $10,000

• Between $5,000 and $10,000 if support has gone unpaid for more than five years, or unpaid payments amount to between $10,000 and $20,000

• Between $10,000 and $25,000 if support has gone unpaid for more than eight years, or unpaid payments amount to more than $20,000

Contact a Lombard, IL Child Support Attorney

If your co-parent has stopped paying child support, or if you are a payor and want to modify the support payments, contact a DuPage County, Illinois child support lawyer. The attorneys at A. Traub & Associates are highly skilled in child support law and excel at providing our clients with a friendly, personal approach. Call 630-426-0196 for a consultation today.