Will I Go to Jail For Not Paying Child Support?

 Posted on December 05, 2025 in Child Support

After a divorce with children, you may be ordered to pay child support depending on the custody arrangement. Child support payments typically last until the child graduates from high school or becomes an adult. As you might expect, these payments can put a strain on your finances. But unless there is a significant good-faith change to your circumstances, like an unexpected layoff, you will still be responsible for making those payments.

Failure to pay child support can come with serious penalties, including criminal prosecution. An Illinois family law attorney at Pesce Law Group, P.C. can help you appeal for modification of the court order. The longer you avoid paying child support, the harsher the penalties, so taking swift action is important.

Child Support Nonpayment, Income Garnishment, and Employment

In Illinois, one of the first steps the state might take if you fall behind on child support payments is wage garnishment. Your employer automatically withholds a portion of your paycheck and sends it directly to your child’s other parent or the Illinois Department of Healthcare and Family Services (HFS). This can have serious consequences, including:

• Challenges finding employment: Certain employers consider it a red flag if they need to garnish an employee’s wages. Some employers have policies not to hire anyone with an active child support garnishment.

• Limited career growth: For some, nonpayment of child support causes a downward spiral professionally. Wage garnishment from falling behind on child support payments can make someone ineligible for loans, housing, or promotions, particularly when financial responsibility and background checks are relevant.

Under state law, you can have up to 50 percent of your earnings garnished to be put towards child support payments, or even 60 percent if you do not have other support obligations. If you are more than 12 weeks late on a payment, you could be forced to give up another five percent of your wages. Your employer is required to comply with this order at the risk of being fined. You could also have the missing payments deducted from other forms of income, such as unemployment benefits or workers’ compensation.

Deadbeats Don’t Drive: Unpaid Child Support Allows for Driver’s License Suspension in Illinois

"Deadbeats Don’t Drive," or the Family Financial Responsibility Act, holds parents in Illinois responsible for child support payments. The Family Financial Responsibility Act can suspend your driving privileges until you comply with the court order of support. Beyond the obvious inconvenience, this can make it harder to go to work, earn a living, and manage daily responsibilities.

This measure can only be taken if you have fallen 90 days or more behind on payments. You will be given 60 days’ notice to catch up on payments before your license is suspended. If your driving privileges are suspended due to the Family Financial Responsibility Act, you can appeal for a permit strictly for work and medical reasons.

Criminal Penalties for Not Paying Child Support in Illinois

The last and most drastic measure to enforce child support is the threat of a criminal conviction under 750 ILCS 16/7, which says the Non-Support Punishment Act can be enforced and prosecuted by Illinois’ State’s Attorneys. 

If you do not pay child support for at least six months, or your missed payments add up to at least $5,000, you can be charged with a Class A misdemeanor, facing up to a year of jail time. If you do not pay child support for at least a year, you owe more than $20,000, or you leave the state of Illinois to try to get out of paying child support, you can be charged with a Class 4 felony. Class 4 felonies allow prison sentences of one to three years, fines up to $25,000, and a permanent felony on your criminal record. 

Child Support Nonpayment and Your Credit

In Illinois, unpaid child support can accrue interest. This can cause your overall debt to grow significantly over time. The unpaid debt can be reported to credit agencies, severely damaging your credit score. This can have a lasting impact on your financial future, making it hard to buy a house, get a car loan, send children to college, or rent an apartment.

Will People Really Go to Jail in 2026 for Not Paying Child Support? 

According to the Annie E. Casey Foundation, less than 25 percent of families headed by a single female get any kind of child support at all. Despite the state’s ability to send someone to jail for large amounts of unpaid child support, most people can’t help but wonder: Will this really happen in 2026? How serious are these enforcement measures and how often are they used? 

People can and do go to jail for not paying child support, but incarceration is typically a last resort. Courts prefer methods that help parents pay rather than punishing them with jail time. However, when a parent willfully refuses to pay child support despite having the ability to do so, judges have the power to impose jail sentences for contempt of court.

The key factor is whether the failure to pay is willful. If you lose your job, face genuine financial hardship, or cannot pay for legitimate reasons, the chances of going to jail for unpaid child support are low. But if you are hiding money, spending money on non-essentials while ignoring child support payments, or simply refusing to pay out of spite, jail becomes a greater possibility.

Meet With a Naperville, IL Child Support Attorney

If you have been accused of shirking your child support payments, you could be severely penalized. The consequences of not paying what you are required to can be staggering and affect you well into your future. 

A DuPage County, IL divorce lawyer with Pesce Law Group, P.C. can advocate for a modification of a child support order and provide you with strong legal counsel. Call our offices at 630-352-2240 to schedule a free consultation.