What Happens When a Parent Refuses to Pay Child Support?

 Posted on June 15, 2026 in Family Law

Child support is a legal duty. In many cases, the parent with less parenting time pays child support to help raise the child. This money helps cover food, clothing, housing, and school costs. When a parent falls behind on these payments or stops paying, the law calls them delinquent. This can cause serious problems for the child and the parent who has custody.

According to the federal Office of Child Support Services, the national child support program collected $29.5 billion in 2024 and served 12.2 million children. These numbers show how many households depend on these child support payments. If you are struggling to collect child support owed to you in 2026, a Bloomingdale, IL child support lawyer can review your case and explain your options.

What Can Illinois Do When a Parent Refuses to Pay Child Support?

In Illinois, a parent becomes delinquent the moment a payment is missed. The unpaid amount is called an arrearage, which is the total balance of support that has gone unpaid. Arrearages do not reset or disappear over time, and the full arrearage must be resolved before the state will consider a parent back in compliance with their order.

When a parent refuses to pay or falls behind, Illinois law gives the state several tools to collect what is owed:

• Wage garnishment, under the Income Withholding for Support Act (750 ILCS 28), takes child support directly from a parent's paycheck and sends it to the state.

• Tax refund interception diverts a parent's federal or state tax refund to unpaid support.

• License suspension, under 750 ILCS 5/505, may occur when a parent is 90 days behind on child support or owes an amount equal to 90 days of support. A parent's driver's license and some professional licenses may be suspended until steps are taken to address overdue support payments.

• Contempt of court charges can lead to fines or even jail time for a parent who continues to refuse to pay.

For the custodial parent, it is important to carefully track missed payments. Documented records of each missed payment help establish when the 90-day threshold is crossed and support any enforcement action that follows.

Does Unpaid Child Support Keep Growing in Illinois?

Unpaid child support balance in Illinois grows over time. Under 735 ILCS 5/12-109, past-due child support adds interest each month. Illinois can apply a nine percent annual interest to past-due child support, calculated monthly on the unpaid balance, although a court needs to order the interest payments. 

A parent who falls behind does not just owe the missed payments; they also owe the interest on those payments, so if payments stop for several months, the total balance, including the interest, can grow rapidly.

This debt also does not disappear once a child turns 18 or finishes high school. Under 750 ILCS 5/505(g-5), if a parent still owes back support when the child support order ends, the same monthly payment amount continues. The payments simply switch from current support to payments toward the unpaid balance. 

This ensures that a parent cannot avoid their debt by waiting until the child becomes an adult. For the parent who owes support, this is one more reason to seek a modification early rather than letting the balance grow.

Can Illinois Enforce a Child Support Order If the Other Parent Lives Out of State?

Illinois can still enforce a child support order even if a parent moves to another state. Under the Uniform Interstate Family Support Act (750 ILCS 22), Illinois courts work with courts and agencies in other states. 

If the other parent moves out of Illinois, the custodial parent usually does not need to file a brand-new case. Instead, the Illinois order can be registered in the new state. Once it is registered, that state can use its own tools, like wage garnishment, to collect on the order.

The custodial parent does not need to hire an attorney in the other state to start this process. An Illinois family lawyer can file the registration on your behalf and communicate directly with the other state's child support agency.

This process can take longer if the other parent is hard to find. A lawyer can help track down a new address or employer. Illinois child support agencies also work with the federal Parent Locator Service to find parents who moved to avoid paying support.

What If I Can't Afford My Court-Ordered Child Support Payments?

A parent should never simply stop paying because their income drops. The original amount is still owed until a judge changes the order. This is true even if a parent loses a job, becomes disabled, or faces another big financial setback.

The right step is to ask the court to change the order right away. Illinois courts can lower child support when there is a big change in circumstances. This could be a large drop in income, a new health problem, or a change in the child's needs. Courts will not erase support that was built up before the modification request was filed, so the sooner a parent acts, the less they will owe.

Contact a Bloomingdale, IL Family Lawyer for a Free Consultation

If your ex has fallen behind or refuses to pay court-ordered child support, the DuPage County, IL family law attorneys at Mevorah & Giglio Law Offices can help. Our team has more than 175 years of combined experience handling cases like wage garnishment, license suspension, and out-of-state enforcement. We are also a client-focused firm, and we make sure you stay informed at every step of your case. Call 630-932-9100 today to schedule your free consultation.