Pesce Law Group, P.C.

FREE CONSULTATIONS 630-352-2240

Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles

Subscribe to this list via RSS Blog posts tagged in child support

b2ap3_thumbnail_prison-jail-cells-corridor-correctional-facility_20200121-024905_1.jpgFor many divorced and unmarried parents, money is tight. If you are a single parent, you probably have many financial obligations including housing costs, childcare expenses, school-related expenditures, and more. If you receive child support from your child’s other parent, you may depend upon these payments heavily. If something were to happen and you no longer received child support, you would be in serious trouble. These are the concerns that many parents have when they learn that their child’s other parent has been incarcerated.

Parents Are Still Expected to Pay Child Support Even While Incarcerated

If your child’s other parent has been arrested and charged with a crime, he or she may be spending time in jail or prison. However, this does not mean that he or she is automatically relieved of child support obligations. When a person is incarcerated, the court still expects him or her to continue paying child support. However, the incarcerated parent does have the option to petition the court for a temporary child support modification. The court may grant this modification if the parent can prove that he or she genuinely needs it. For example, if the incarcerated parent cannot participate in a work release program and has no income, the court may allow him or her to temporarily stop making child support payments. Once the parent is released from jail, he or she must pay the past due amount.

Other Sources of Income During Incarceration

When an incarcerated parent is not making money from traditional work, this does not mean that he or she has no means to pay child support. The court may require an incarcerated parent to pay child support through other means. Child support payments may be taken from:

...

DuPage County child support attorneyMany parents do not realize the amount of money it actually takes to raise a child. When child support payments become a part of your monthly expenses, you may find yourself in a financial predicament. Child support is designed to help a child with unmarried or divorced unmarried parents to enjoy the same quality of life that he or she would have with married parents. In Illinois, child support amounts are determined by analyzing each parent’s income, employment, health, and other factors. If you cannot afford your court-ordered child support, read on to learn about what your next steps should be.

Never Stop Child Support Payments Without Notification

Illinois takes child support nonpayment very seriously. If you cannot afford your child support, never simply stop payments. Missing payments or paying only partial amounts can result in significant negative consequences. Parents who fail to pay their support payments in Illinois can have their wages or bank accounts garnished, tax returns intercepted, a lien placed against their property, and their driver’s license suspended or revoked. In severe cases of child support nonpayment, parents can face passport denial and even criminal prosecution. Parents who own $5000 or more in past-due support can also have their name and photograph posted on the “Illinois Deadbeat Parent” website.

File a Request for a Child Support Modification

If you are a parent who cannot afford your current support obligation, your first step should be to notify the person who receives your support. Next, file a “Petition to Modify Support,” with the county court. Modifications to child support obligations are only granted if there is a good reason for the court to change the order.

...

DuPage County child support enforcement lawyersIf your child’s other parent has been convicted of a crime and is in jail or prison, you may have dozens of concerns, including worries regarding child support. When an individual is incarcerated, their financial obligations are usually still considered valid. This includes child support payments. Read on to learn about how incarceration can affect child support payments as well as what to do if you are not receiving court-ordered child support.

Parents in Jail Are Still Responsible for Child Support

When a judge orders a parent to pay their child’s other parent child support, that requirement is generally intended to last until the child is an adult. A child’s financial needs do not stop just because a parent is incarcerated. If your child’s other parent in in jail, he or she is still responsible for his or her court-ordered child support payments. However, the parent may be able to petition the court for a temporary modification of their child support obligation.

Courts only grant a child support modification if the parent can prove that he or she has had a major change in his or her financial circumstances. Some incarcerated parents are able to participate in a work release program which provides them with the funds needed to pay child support, but others will have no income. In situations in which an incarcerated parent cannot pay child support, the total amount of past due support payments will be due at the time of their release.

...
Back to Top