Divorces that involve children have many more complex issues than cases that do not. It is natural for parents to first become concerned with child custody issues, but child support is another contentious issue that must be addressed. Divorce is already an expensive process which is made even more costly when one spouse learns they will have to pay child support. Some people may want to avoid paying child support so much that they take drastic measures such as quitting their job. In these cases, their former spouse is typically left wondering if that is even allowed.
While no one can force someone to go to work every day, there are measures you can take if your former spouse is refusing to pay child support. A Naperville family lawyer can help ensure you receive the payments you are owed.
Illinois law states that all parents must support their children financially until they turn 18 years old or graduate from high school. Parents have this legal obligation regardless of whether or not they are married. When two people get a divorce and they have children together, that financial obligation is usually met through child support. The non-custodial parent is responsible for making payments to the custodial parent to provide financial support for their daily expenses, as well as their educational and medical expenses.
The family courts will take many factors into consideration when determining the amount of child support a non-custodial parent must pay. While it is true that one factor the court will consider is the income of each parent, this does not mean that when one parent quits their job, it relieves them of their child support obligations. In the event that someone does quit their job, the court will consider their education and work experience to determine the type of employment the person could obtain.
Child support orders are legally binding, which means that any parent required to pay it must do so. Unfortunately, parents do not always meet this legal obligation. In these cases, the Illinois Department of Health and Family Services has many options for custodial parents that need to obtain child support from their former spouse.
Custodial parents can petition the court to enforce child support orders. While enforcing child support, the courts may seize funds in the parent’s bank account, place liens on property, and garnish unemployment checks as well as other government benefits.
Learning that your former spouse has quit their job to avoid making child support payments is devastating. While the situation may seem hopeless, it is not. At J. Aldrich Law, P.C., our dedicated Naperville family lawyers can advise you on how to enforce a child support order and will guide you throughout the entire process. Call us today at 630-953-3000 or fill out our online form to schedule a free consultation, so we can review your case.