Can a Parent’s Driver’s License Be Suspended for Not Paying Child Support?

 Posted on May 25, 2023 in Family Law

Unmarried and divorced parents are often required to pay child support to their child's other parent. The amount of parent pays is based on the Income Shares Model, which considers both parents’ net incomes to determine an appropriate payment amount.

Child support is crucial for covering child-related expenses such as housing, tuition or other educational costs, extracurricular activity fees, and more. If a parent fails to comply with an Illinois child support order, the Illinois Department for Child Support Services has the authority to take enforcement actions. One such action is suspending the non-complying parent’s driver’s license.

Child Support Enforcement in Illinois

Child support is ultimately for the child. Illinois lawmakers believe that a child should receive financial support from both of their parents even if their parents are not married or have gotten divorced. Parents who fail to make their child support payments in full and on time can face various consequences.

The Illinois Secretary of State may suspend a non-paying parent’s driver’s license, making it illegal for the parent to drive any vehicle. If an individual with a suspended driver’s license is caught driving, he or she faces criminal charges punishable by a maximum of 364 days in jail and a $2500 fine.

In addition to driver's license suspension, the DCSS has other means of collecting child support from a non paying parent, including:

• Seizing the parent’s tax returns
• Putting a lien on the parent’s property
• Garnishing the parent’s wages
• Suspending the parent’s hunting or fishing license
• Suspending the parent’s professional license
• Denying the parent a passport
• Reporting the nonpayment to credit monitoring agencies
• Submitting the parent’s information to the delinquent parents website

A Child Support Lawyer Can Help You Enforce a Child Support Order

If your child's other parent is not paying child support, a lawyer can help you enforce the child support order and collect payment. Working with an attorney sometimes yields faster results than going through the DCSS. 

Your lawyer can help you file a motion in the Court called a Petition for Rule to Show Cause. The Court will hold a hearing in which the other parent is required to explain why they are violating the child support order. The Judge will listen to both you and the other parent and issue a ruling. The Court also has the authority to implement enforcement actions to force the other parent to comply.

Contact our Palatine Child Support Lawyer

If your child's other parent is not paying child support and you have a Court order entitling you to child support, contact Arlington Heights child support attorney Nicholas Richardson for help. Call our office today at 847.873.6741 and set up a free, confidential consultation.

Source:

https://hfs.illinois.gov/childsupport/parents/faqsnew.html#nonpayment

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303