How Do I Collect Child Support If My Ex Is Unemployed?

How Do I Collect Child Support if My Ex is Unemployed?

By: Gordon & Perlut, LLC

Children deserve the love and support of both of their parents. While you cannot force someone to care for their child or to provide the encouragement they need, you can make them take financial responsibility. Child support provides the financial advantages your child needs to thrive and helps ensure their basic needs are met. The Skokie child support lawyers at Gordon & Perlut, LLC., explain how you can get the support your child is entitled to, even if the other parent is unemployed.

Calculating Child Support Payments In Illinois

When calculating whether child support needs to be paid, Illinois relies on an income shares system. This is designed to help ensure the child is provided for in the same manner as they would be if the parents lived together. It factors in the following information:

  • Each parent’s individual income and assets.
  • Their combined income and wages.
  • The number of children for whom support is needed.
  • The individual needs of each child and any other relevant factors involved.

What happens if the other parent is unemployed? This is not an uncommon situation. Some lose their jobs through no fault of their own. Others either quit or work under the table to avoid their child support obligations. Regardless of the circumstances, the court can impute income. This represents the amount they would or should be making if employed, based on their skills, experience, and prior earned wages.

Collecting Imputed Child Support Payments

Once a court order for child support is in place, the other parent is obligated to pay. This is true whether they are actually working or if the court had to impute an amount. If they fail to pay this debt, they could be held in contempt of court. This means they could be subject to fines, immediate arrests, and enforcement efforts through the Illinois Department of Health Care and Family Services (DHF). These include:

  • Garnishment of any wages or benefits they do receive, including military pay and unemployment or disability benefits.
  • Seizure of assets in bank accounts.
  • Seizure of tax refunds and lottery winnings.
  • Liens on their property, which prevents them from selling it without making payments.
  • Suspension of their business or driver’s license.

Any unpaid child support amounts will continue to accrue. This is one debt that will never go away. They cannot erase it by filing for bankruptcy or through other means. Eventually, they will have to “face the music”, obtain a job, and pay the total amount past due as well as any current amounts you and your child are owed.

Our Skokie Child Support Lawyers Are Here To Help You

As a parent, there is nothing more frustrating than seeing your child go without the financial support they need and deserve. At Gordon & Perlut, LLC., we are dedicated to helping people in this situation get the total amount they are owed. To get our legal team acting as a strong legal advocate on your side, reach out and call or contact our Skokie child support lawyers and request a consultation today.