Custodial parents generally have up to 20 years from the date a child support payment was due to file a lawsuit for unpaid child support.
WOODRIDGE, IL, October 05, 2023 /24-7PressRelease/ — If a noncustodial parent fails to fulfill their child support obligations, the custodial parent may have the right to sue for unpaid child support.
Before initiating a lawsuit, it is advisable for the custodial parent to explore other options to resolve the issue. This can include communicating with the noncustodial parent, seeking mediation or negotiation, or involving the Illinois Department of Healthcare and Family Services’ Division of Child Support Services (DCSS). The DCSS can assist in locating the noncustodial parent, enforcing child support orders, and collecting overdue payments.
If these efforts fail, consulting with an attorney and initiating legal action may be necessary to seek enforcement and recover the unpaid child support. “The Illinois statute of limitations for unpaid child support is 20 years from the date the last payment was due,” says Attorney Marc Wolfe.
To file a lawsuit for unpaid child support in Illinois, the custodial parent typically needs to gather relevant documentation, including copies of the child support order, payment history, and evidence of the noncustodial parent’s failure to meet their obligations.
Once the lawsuit is filed, the noncustodial parent will be served with a summons and complaint, notifying them of the legal action against them. The court will then schedule a hearing where both parties will have the opportunity to present their arguments and provide evidence supporting their claims.
If the court determines that the noncustodial parent has failed to pay child support as required, they may issue an order for the payment of the overdue support. The court may also impose penalties, such as wage garnishment, suspension of driver’s license, or interception of tax refunds, to enforce compliance.
An attorney can provide guidance on the specific requirements and procedures for filing a lawsuit for unpaid child support in Illinois and can advocate for the custodial parent’s rights and the best interests of the child.
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