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My Ex-Spouse Threatened to Quit Working to Avoid Paying Child Support in Illinois. What Can I Do?

Divorce Lawyers in DuPage County Offer Advice on Collecting Child Support

During a divorce or paternity case, child support is often a highly contested topic. The payor (that is, the spouse who pays support) may become angry regarding the amount they are ordered to pay. Not only can this lead to disagreements, but the payor might also make threats to avoid paying the court-ordered child support.

If your ex-spouse expresses plans to avoid their support obligations, chances are it is just a threat. Court-ordered support is not something that can be ignored, and there are actions that you and your attorney can take to ensure that you receive what you are owed.

If you are not receiving your child support payments, the experienced divorce attorneys at MKFM Law know how to help.

There are several serious consequences for not paying child support, including property liens, seizure of bank accounts, interception of tax refunds, hiring collection agencies to assist in collecting, and suspension or revocation of the delinquent parent's driver's license.

Unpaid court-ordered support will accrue interest, and the unpaid support and interest can be ordered collected by the court through garnishment of wages.

Even if the delinquent parent lives in a different state, child support orders can still be enforced. The Uniform Interstate Family Support Act (UIFSA) is a federal act that establishes jurisdiction matters for cases where more than one state is involved. States are required to defer to the child support orders that were entered by the courts in the child's home state. The state where the order was originally entered is granted continuing exclusive jurisdiction (CEJ), and only the law of the state with CEJ may be applied in any modification or enforcement requests.

In the event that the non-custodial parent does not have financial means to afford the court-ordered child support payments, they are not off the hook. If they do not have the income to afford full payments, the court requires that they file a formal motion to request modification of the child support order. This process may require them to present pay stubs or bank statements to illustrate their financial means. While their monthly support amount may be reduced, it will still need to be paid.

If you are not receiving the court-ordered child support payments you are owed, contact an experienced DuPage County child support lawyer at MKFM Law by calling 630-665-7300. Every child has the right to support from both parents, and every parent has an obligation to support their children.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree