Many Illinois parents pay child support to the custodial parent on a timely basis. Other noncustodial parents, however, fail to meet their support obligations. When this happens, the custodial parent may need to take legal action to force payment.
They do this through a child support warrant, which is an order issued by a judge for the arrest of the noncustodial parent. In order for the judge to issue the arrest warrant, the deadbeat parent must be behind in payments for a long time, owe a substantial amount of child support or have skipped town and cannot be found.
The parent who is owed child support needs to go to court to get a child support warrant and must prove that he or she is not receiving any support. The parent who is not making support payments must appear in court to explain why payments are not being made. If this person does not appear in court, he or she can be arrested and forced to go to court.
In cases where the amount that is owed is substantial, prosecutors can charge the non-paying parent with a felony under criminal laws. If an individual does not make child support payments as required, his or her wages can be garnished, which means that the payments will be taken from the person’s paycheck. Delinquent parents may not pass security or background checks because they are considered criminals.
In situations where one parent refuses to meet his or her child support obligations, the person who is supposed to receive the child support may want to consult with a lawyer. A family law attorney may be able to advise someone about his or her options and represent him or her in court while obtaining the child support warrant.