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Kane County family law attorneyFamily courts do their best to be equitable in making decisions regarding child support, and they look to ensure that the amount ordered as payable is one that both parents can manage. Sometimes, however, payments are not made for a variety of reasons. Fortunately, there are safeguards in place that ensure that back child support or maintenance payments may be collected.

Notices of Withholding Income for Support

If you are not receiving your child support payments, you may contact Illinois’s Division of Child Support Services, or you may involve the family court where your divorce was handled. Either way, it is incumbent upon you to ask for back child support. If you can back up your claim, the court will enter an arrearage against the parent owing support. Usually, when a Uniform Order of Child Support is ordered, a Notice to Withhold Income for Support is sent to the employer of the paying parent, advising them to withhold a certain amount and forward it to the state. If an arrearage occurs, a new Notice must be sent to let the employer know that more must be taken out to cover it.

child support, Geneva child support attorneyUnder Illinois law, a supporting parent is usually required to pay at least 20 percent of their net income to their former spouse to support a child, a percentage that only goes up with each additional child to be supported. The exact percentage of child support that must be paid should be recorded in the divorce decree. In many cases, however, supporting parents are unable to make these payments because of changing financial circumstances, or are unwilling to meet their obligations for some other reason. If this has arisen in your situation, you do not have to accept your former spouse’s noncompliance with the court order. You can take him or her to court and require that they show cause as to why they are not paying child support.

Filing a Petition for Rule to Show Cause

A petition for rule to show cause is a motion filed with the court after it has entered an order directing one or both parties to do something. In a petition for rule to show cause, the petitioner asks the court to have the other party come before it and explain why they are not following the court order. As applied to child support proceedings, this means making your former spouse appear before the judge to explain why they are not making child support payments.

 Illinois child support attorney.   (Kerry)The Louisiana Department of Children’s and Family Services (DCYF) recently announced the success of a pilot program the agency launched in September 2011, intercepting more than $806,000 in casino winnings  from 599 parents to cover back child support payments. Currently there is more than $1.2 billions in child support that is owed by non-custodial parents.

The program was introduced and passed in 2010 to deal with the growing problem of child support evasion. Any gambling winnings over $1200 are seized and applied to the back child support. There are currently 18 casinos in the state participating in the program. Two days after it went into effect, $1995.40 was collected from a non-custodial father. Other states that have enacted similar casino winning laws are Colorado, Indiana, Mississippi, New Jersey, New Mexico and West Virginia.

In the released statement, DCFS Secretary Suzy Sonnier said her agency works with custodial and non-custodial parents to ensure that both parents fulfill their obligations to provide financial, medical and emotional support to their children. She also added the casino intercept initiative has been a very successful tool in collecting overdue support.

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