How Can I Make My Ex Pay Child Support in Illinois?

 Posted on August 27, 2026 in Child Support

Child support is one of the most important financial obligations a person can have. Past-due child support is one of the few debts that generally cannot be forgiven in bankruptcy, and ongoing failure to pay can also lead to criminal charges

If you’re a parent who should be receiving child support and isn’t, you have several options for collecting missed payments in 2026. A Rolling Meadows, IL family law lawyer can talk you through them.

What is the Easiest Way to Collect Missed Child Support Payments in Illinois?

Income withholding is often the most straightforward option to collect past-due support. When child support is ordered in Illinois, the order typically includes a withholding provision to be sent to the paying parent’s employer (750 ILCS 28/20). This provision enables the paying parent’s employer to withhold the required amount from their paycheck and send it to the State Disbursement Unit for processing.

When a parent falls behind on support payments, extra income may be withheld from their paycheck to make up for it. This amount is at least 20 percent of the combined current support and whatever is periodically ordered to make up for past-due support. If income withholding is not happening as ordered, you can ask the court to enforce your child support order.

What if Income Withholding Won’t Work for Missed Child Support in Illinois?

Withholding works well when your ex has a steady paycheck from a cooperative employer. It’s less useful if your ex is self-employed, paid in cash, or between jobs.

If a parent tries to avoid paying support by frequently switching jobs, new hire reporting may eventually catch up with them. If a parent tries to avoid support by switching jobs, Illinois’ new hire reporting system can help locate their new employer. Employers must report new hires to the state. That information is matched with child support records. If there is a match, an income withholding notice can be sent to the new employer automatically. This takes time, however, and back payments (called arrears) can continue to add up in the meantime.

Parents who work for cash can be even harder to trace. In these situations, there’s simply no paycheck for the state to intercept, and you may need to pursue other enforcement options. These can be handled directly through the court or through the state’s child support agency.

What Other Options Are There for Enforcing Child Support Payments in Illinois?

If you can’t rely on income withholding, you can generally ask the court to find your ex in contempt for violating the support order. A contempt petition asks a judge to review the unpaid balance. The judge will consider whether your ex failed to follow the order and whether there was a valid reason for not paying.

If the judge decides that support could have been paid, penalties can include an order to pay a lump sum toward the arrears. A judge may also order your ex to cover part of the attorney’s fees you spent bringing the petition. In some cases, a judge can also order jail time after finding a parent in contempt.

You can also apply for enforcement help through Illinois Child Support Services, which is run by the Illinois Department of Healthcare and Family Services. This program works outside of a private contempt case. Depending on how far behind your ex is, the state may use tools such as:

• Intercepting state or federal tax refunds

• Suspending a driver’s license or professional license

• Reporting the debt to credit bureaus

• Denying or revoking a passport

If you’re unsure whether you should go through the state program or the court, an experienced attorney can point you in the right direction.

Call a Chicago, IL Child Support Lawyer Today

Unpaid support is a serious matter for the receiving parent and their children. Many families depend on child support to cover everyday expenses.

If your ex won’t pay support, The Law Offices of Curtis Bennett Ross, L.L.C. can help. Our Rolling Meadows, IL family law attorney has practiced for more than 40 years. As a certified public accountant, court-appointed financial expert and receiver, and trained mediator, he brings a rare mix of financial and legal skills to enforcement cases.

Call The Law Offices of Curtis Bennett Ross, L.L.C. at 312-984-1514 to schedule your free limited consultation today.