If you fail to pay court-ordered child support in Illinois, the judge has a variety of options for holding you accountable. A judge can place you on probation, suspend your driver’s license, order community service or even sentence you to jail. You may be allowed to work at your job while living at the jail, but any money you earn may go directly to your child support arrearage.
But a new law gives the Court one further tool for dealing with non-payers who are self-employed or business owners. As of January 1, 2013, a Court may order you to provide monthly financial statements showing your expenses and income in order to determine exactly what you earn.
And while you may value your autonomy as a business owner, the court can force you to look for a job and show proof that you are doing so. You may have to keep a diary of all your search efforts. Finally, the Court can send you to the Department of Employment Security to apply for services to find work that is subject to child support withholding.
The new law applies whether child support was ordered in a paternity action, public aid proceeding or divorce.
As previously, the Court must still hold you in contempt for disobeying a child support order before enforcing any penalty. You must be given notice of the hearing about your alleged contempt by regular mail sent to your last known address. If you fail to appear at the hearing, the Judge will likely find you guilty and impose penalties in your absence.
If you have questions about child support issues, you should speak with an experienced family law attorney immediately. An experienced attorney can help present your case in its best possible light or perhaps help you work out an agreement in lieu of a contempt order. At this stage, a client should never try to represent themselves. Any reason you give for your delinquency may be just enough to convince the judge that you are guilty.
If you have questions about this or another domestic relations matter, please contact Zachary W. Williams at 1-312-981-0851 or email zwwlawyer@gmail.com.
Source:
http://www.ilga.gov/legislation/publicacts/97/097-1029.htm">
