Many divorce cases involve children and child support. Illinois state law requires a child support order when the court considers child-related issues. If you fail to pay child support, the other parent may file a contempt of court charge against you. If this happened to you, speak to Skokie child support lawyers today.
Illinois courts hold that failure to make child support payments required by court orders is evidence of contempt of court. When contempt of court is filed against you, you must attend a hearing to show cause. You will be assumed to have violated the child support order and prove that it was not done so willingly if you did violate it. So, you must prove that it was not your fault.
For instance, showing that you could not pay child support in Skokie because you lost your job and could not find work might help to get out of a contempt charge. However, if you lose your job your child support arrears will continue to grow until you ask the Court (by filing a Motion) to modify your support obligation. It would also help if you paid some of your child support. For example, if you owe $1,000 this month but paid $400, it looks like you were not just refusing to pay at all. However, if the judge believes you willingly violated the order, he will hold you in contempt of court.
If the judge thinks you did not pay child support on purpose, the Court may decline to hold you in contempt, but you will still owe the money (that is why you need to Motion to modify your support obligation). This is a chance for your lawyer to resolve the charge. Here is how: You can tell the court that you know you owe child support, but you need it adjusted.
However, if you are found in contempt of court, you remain in contempt until you have resolved your child support payment issues. This is referred to as ‘paying the purge.’ The Court will give you time to pay the purge, but if it is not then paid you could be placed in jail until you ‘pay the purge.’ If you are not in court for law enforcement to take you into custody, a warrant will be issued for your arrest.
A contempt of court charge for not paying child support is serious. If it happens to you, there are ways out of it, but you need a lawyer fighting for you.
If you are divorcing and have children, child support and child custody issues are often contentious. When you are fighting with your ex over child support payments, you need an excellent attorney to protect your rights.
Our Skokie child support lawyers are here to help. Our attorneys can handle your child support issue in Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact Gordon & Perlut, LLC at (312) 360-0250 for help.