What Happens if My Ex Stops Paying Child Support in Illinois?

 Posted on December 10, 2025 in Child Support

Court-ordered child support is not optional in Illinois. It is a legal obligation designed to make sure both parents help meet a child’s needs. If your ex has fallen behind on payments, there are ways to enforce the child support order and collect what is owed. Our knowledgeable DuPage County, IL child support lawyer can guide you through your options and help you navigate the process.

What Should I Do First if My Ex Stops Paying Child Support?

If your ex has stopped paying child support, start by reviewing your court order to confirm the payment amount and schedule. Check your records through the Illinois State Disbursement Unit (SDU), which tracks all official child support payments in the state. Keep written notes about missed payments and any messages from your ex about why they stopped paying.

You can also contact the Illinois Department of Healthcare and Family Services (HFS). Its Division of Child Support Services helps parents collect overdue payments and enforce court orders.

Avoid taking matters into your own hands. For example, do not withhold visitation or try to change parenting time. Support and parenting time are treated as separate legal issues. Acting outside the court order could hurt your case later.

How Long Does It Take Before Missed Child Support Becomes a Legal Problem?

Even one missed payment goes against what the court ordered, but judges understand that life can bring unexpected challenges. Usually, the court steps in only after several payments are missed or when it becomes clear that your ex has stopped paying at all. At that point, you can file a petition and ask the judge to require your ex to come to court and explain what happened.

If the judge finds that your ex could pay but chose not to, legal consequences can follow. Under 750 ILCS 5/505, a parent who willfully ignores a child support order can be held in contempt of court. This may result in fines, wage garnishment, or, in serious cases, jail time.

In most situations, though, the court’s main goal is to get payments started again. Judges often give parents a chance to make up missed payments through a structured payment plan. This approach helps ensure that your child continues to receive the support they need while encouraging your ex to meet their responsibilities.

How Do Illinois Courts Enforce Child Support Orders?

Depending on the situation, the court may use any of the following methods to enforce a support order:

• Wage withholding: A judge can order an employer to take child support directly from the parent’s wages.

• Tax refund intercepts: State and federal tax refunds can be taken to cover overdue support.

• License suspensions: The court can suspend a driver’s license or professional license if payments are far behind.

• Liens and property seizures: The court may place a lien on a house, car, or bank account until the debt is paid.

If these steps do not solve the problem, the court can order additional measures. If necessary, they can resort to contempt hearings or, in severe cases, criminal charges.

What Happens if My Ex Quits Their Job to Avoid Paying Support?

Illinois courts are aware that people sometimes go to extremes to avoid paying child support, often out of spite. If the court believes your ex is voluntarily unemployed or underemployed, it can use imputed income to calculate payments. Imputed income means the court estimates what your ex could earn based on job history, education, and available work in the area. This prevents them from lowering support unfairly.

If your ex hides income or works "under the table," your attorney can help uncover the truth. They will investigate using anything from tax records and bank statements to employment history to show real income.

Will My Ex Go to Jail for Not Paying Child Support in Illinois?

Jail is possible for child support discrepancies, but it is usually the last resort. If a parent ignores repeated court orders, the judge can send them to jail. Sometimes, the judge will set a purge amount, which is a specific payment the parent must make to be released from jail. Other consequences can include community service, probation, or additional fines.

Under 750 ILCS 16/15, "nonsupport" occurs when a person willfully fails to pay for more than six months or owes more than $5,000 in back payments. This can result in misdemeanor or felony charges, depending on how much is owed. Most cases do not reach this stage. Judges often work with parents to create realistic repayment plans before resorting to criminal charges.

Can I Modify My Custody Order if Child Support Payments Have Stopped?

Under Illinois law, missed support payments alone do not automatically allow you to change custody or parenting time. Child support and custody are treated as two separate issues.

If you believe the failure to pay support is part of a larger pattern that affects your child’s well-being, you may be able to ask the court to review custody or parenting time. Under 750 ILCS 5/610.5, changes to parental decision-making and changes to parenting time follow different rules. Orders about major decision-making usually cannot be modified for two years unless there is strong evidence that the child’s current situation seriously endangers their physical, mental, or emotional health.

Parenting time is different. Parenting time can be modified at any time if there has been a meaningful change in circumstances and the modification would serve the child’s best interests. Parents do not have to prove danger to request a change in parenting time.

Remember that courts generally focus on maintaining stability for the child. Support enforcement is usually handled through the previously mentioned legal remedies rather than custody changes.

Contact Our Naperville, IL Child Support Attorney Today

Attorney Michael J. Calabrese has extensive experience in family law and a strong record of leadership within the legal community. As a former chair of the DuPage County Bar Association Family Law Committee, he understands how Illinois courts handle enforcement and modification cases. He also lectures on family law issues, sharing insights that help parents protect their families and secure fair outcomes.

If your ex has stopped paying, contact Calabrese Associates, P.C. today at 630-393-3111. Our experienced DuPage County, IL child support lawyer can help you fight to protect your child’s needs.