How Can I Collect Past-Due Child Support in Illinois?

 Posted on April 05, 2026 in Child Support

Child support payments are typically ordered by the court as part of a divorce decree, but the payments can also be included in a legal separation agreement. In some cases, both parties may mutually settle upon the payment arrangement. Regardless of the situation (divorce or separation), there are laws in Illinois that ensure that child support orders are enforceable. However, even though orders are legally binding, some parents may still struggle to collect payments from a former spouse or partner. 

Disagreements over late, missing, or inadequate payments can get heated. If you are struggling to collect child support payments, a knowledgeable Lombard, IL child support attorney can advise you of your legal options. With over 100 years of combined experience, the legal team at A. Traub & Associates is more than qualified to assist with child support enforcement matters.

Is There Ever an Excuse for Unpaid Child Support?

Typically, the court does not treat unpaid child support as something a parent can simply explain away. A parent cannot stop paying just because he or she is angry with the other parent, is being denied parenting time, or thinks the support amount is unfair. Those complaints have to be handled through the court.

That said, the reason for non-payment can still matter. If a parent loses a job, suffers a serious illness, or faces another major hardship, the court may look at those facts when deciding what to do next. Still, falling behind does not erase the debt. The unpaid amount usually remains owed unless the order is changed by the court. A parent who cannot keep up with payments should ask for a modification as soon as possible instead of letting the balance grow.

What Happens During a Child Support Hearing in Illinois?

In Illinois, a child support hearing may be conducted in one of two places: a courtroom presided over by a judge or through the Illinois Department of Healthcare and Family Services (HFS). During a child support hearing, each party will answer questions about their specific circumstances, which will allow the court to determine the correct amount of support. If a couple has not legally established paternity yet, they may need to handle that issue first.

During a child support hearing, the judge or HFS will require specific information in order to make decisions about the case. Questions that need answering may include:

• How many children are involved?

• What is each party’s current employment status?

• What is the income of each party?

• What are the living expenses for each party?

In addition, each parent may need to answer questions about tax obligations and insurance as they relate to a child support order.

How Is Child Support Collected in Illinois?

Normally, child support payments can be paid electronically by credit card. Automatic deductions may also be taken from the payor's bank account. Alternatively, payments may be submitted via mail, or a person's wages may be garnished. With garnishment, the amount of support payments may be directly taken from their paychecks by their employer. 

The receiving spouse typically depends on that financial assistance to care for his or her child. Late or delinquent payments can cause stress and create tension between the two parties. 

Possible Remedies for Delinquent Child Support in 2026

Because of the Illinois laws that protect child support, HFS employs a variety of collection solutions for pursuing late support. For instance, HFS may use any of the following solutions in the pursuit of delinquent payments:

• Federal and state tax refund interception

• Interception of gambling winnings via the child support intercept program

• Suspension of the delinquent party’s driver’s license

• Suspension of the offending party’s professional license

• Suspension of a U.S. passport (or denial to renew one)

• Inclusion of missed payments on credit reports

Talk to an experienced attorney about your situation to find out how you can collect the support your child needs.

Does Child Support Accrue Interest in Illinois?

In Illinois, past-due child support can accrue interest, which means the total amount owed may keep increasing over time. Illinois law treats each missed child support payment very seriously. Once a payment becomes due and is not paid, it can become a judgment by operation of law (750 ILCS 5/505). 

Interest may then attach to that unpaid amount under the statute. This gives the parent who is owed support another way to recover what should have been paid for the child’s care. For many families, that extra amount can be significant, especially when support has gone unpaid for months or years.

Can Unpaid Child Support Lead to Contempt of Court in Illinois?

When a parent does not obey a child support order, the court may decide that enforcement is necessary. One possible result is a contempt of court case. This means the court is being asked to decide whether the parent knowingly failed to follow an order that was already in place.

A contempt finding can lead to serious consequences. The court may order payment plans, wage withholding, seizure of certain assets, license suspensions, or other penalties. In some cases, the court may even impose jail time until the parent takes steps to comply. Non-payment can become much more than a money issue. It can turn into a direct legal problem with lasting effects.

Contact Our Lombard, IL Child Support Attorneys Today

If you are owed child support but have not been receiving payments on time or in full, this can be frustrating on both an emotional and financial level. Our compassionate DuPage County, IL child support lawyers can help you navigate these issues and determine your best options for receiving the support your child needs. 

At A. Traub & Associates, we strive to protect your parental rights, whether you are seeking late payments or need to establish child support for your child. We can guide you through the process of obtaining and enforcing child support.  Our firm is here to help you reach an outcome that meets your needs as well as your children’s. To request a confidential consultation, call us today at 630-426-0196.