faq

Frequently Asked Questions

Q:  How can I collect past due child support from my former spouse or father of my child?

A:  You must motion the matter before the Court through contempt proceedings.  Contempt proceedings can be designated as either civil or criminal, and further designated as direct or indirect contempt.  Civil contempt is coercive in nature and allows the contemnor to purge himself or herself of contempt at any time thereafter.  In criminal contempt, sanctions are retroactive in nature and punish the contemnor for past acts that he or she cannot undo. The sanctions for civil contempt can consist of a fine or imprisonment to urge the contemnor to comply with the court’s order.  In contrast, criminal contempt is almost always viewed as a misdemeanor action because in most criminal contempt proceedings, the defendant is not given an opportunity for a jury trial.  Because of this, the contemnor’s punishment upon a guilty verdict is limited to not more than six months in jail and/or a fine.  Furthermore, each missed child support payment is entitled to statutory interest.  This is simple interest at the rate of 9 percent per year which starts to run with each payment that is missed.

Q:  What are some other ways that a person can attempt to collect child support?

A:   Other than contempt, the following are other methods a person may utilize when attempting to collect past due child support:

  • Intercepting of Federal and State payments including tax refunds and even lottery winnings.
  • Requesting a hearing on for suspension or revocation of an Illinois professional license or occupational certificate.
  • Requesting the denial or suspension of the right to a U.S. passport.
  • Requesting state prosecution for non-payment, in certain circumstances.
  • Seizing assets of the non-custodial parent to repay child support debt, in certain circumstances.
  • Reporting a dead-beat parent to credit reporting agencies, in certain circumstances.
  • Suspending the driver's license of a parent who does not pay support, in certain circumstances.
  • Denial of a passport in cases where there is an arrearage of more than $2,500. (See 42 U.S.C. §652(k).
  • Entering a Child Support or Maintenance QDRO – that is, a Qualified Domestic Relations Order against a 401(k) type plan for the person who has an arrearage for child support or maintenance (alimony). 
  • Seeking federal prosecution under the Deadbeat Parents Punishment Act (See 18 U.S.C. Sec. 228) relating to willful failure to support for a child residing in another state. 
  • Obtain a judgment of $100 per day against an employer who fails to withhold income for payment of support.

Q:  Can I collect attorney’s fees for enforcing a child support order or other enforcement matter?

A:  If the non-complying party is found in contempt or his/her non-payment is without compelling cause or justification, the contemnor is required to pay the other party's reasonable attorney's fees. 

Q: What is the State Disbursement Unit (“SDU”) and what types of information can I receive through the State Disbursement Unit’s website?

A:  To learn more about the State Disbursement Unit (“SDU”), go to the following link:  http://www.ilchildsupport.com/sdu/  The web site is broken down into a Customer Service page - http://www.ilchildsupport.com/sdu/customer.html and an Employer Information page -  http://www.ilchildsupport.com/sdu/employer.html.  The Interactive Web Site (https://www.ilsdu.com/) for the SDU provides the following services: 

  • View your payments or disbursements within the last 30 days;
  • View and print forms online;
  • Change your PIN;
  • Find answers to Frequently Asked Questions; and
  • Contact the SDU.

Q: What are some ways the Illinois Department of Healthcare and Family Service’s (“HFS”) Child Support Enforcement Unit can collect past due child support?

A:   In addition to intercepting federal and state tax refunds for child support debt, the Department may:

  • Intercept other state and federal payments, including Illinois lottery winnings
  • Request a hearing for suspension or revocation of Illinois professional license or occupational certificate
  • Request denial or suspension of United States passport
  • Request that child support debt be included in the non-custodial parent's credit report
  • Collect child support debt through contractual agreements with collection agencies
  • Request state or federal criminal prosecution for non-payment, in certain circumstances
  • Request suspension of Illinois Driver’s License
  • Request denial of recreational license
  • Publication of picture and information on the HFS website - http://www.ilchildsupport.com/deadbeats/
  • Freeze and seize bank accounts
  • Place liens on real property
  • Place liens on lump-sum payments, including workers compensation and other insurance settlements

To visit the HFS website, go to: http://www.hfs.illinois.gov/

Q:  If my child turned 18 years old, does my child support obligation automatically end?

A:  No.  You must first contact an attorney to determine whether your child is emancipated.  If the answer is in the affirmative, you must file the appropriate motion in court to terminate child support due to emancipation.  The same is true even if you and the other party entered into a written contract/agreement that child support is terminated on a specific date.  The Order must be modified and specifically state that the child support is terminated and when.

Q:  How long is this going to take and how much is this going to cost?

A:  That depends on you and the other party.  If you settle out of court in a short period of time, the costs and fees will be minimal.  However, if the matter is contested and trial is necessary, the costs and fees will be substantial.  The more reasonable and cooperative you and the other party are with each other, the less costly litigation will be.