Penalties exist for failure to pay child support
It is a federal crime to willfully fail to make child support payments. Under the Child Support Recovery Act of 1992, the past due child support obligation must either be greater than $5,000 or must have remained unpaid for more than one year.
To establish the willfulness, the U.S. Attorney's Office must prove that the non-custodial parent was able to meet the financial obligation but did not do so.
States are required to enforce the act at the local level. If they are unable to do so, the federal government can step in. Cases which are considered suitable for prosecution are those where there is a pattern of a parent moving from state to state to avoid payment; where there is a pattern of deception through the use of a false name or by other means; and where there is failure to make payments after having been held in contempt of court.
Persons who want to learn whether the federal law applies to their case, should check with the Illinois Department of Public Aid.
Those who fail to make payments for a child living in another state face up to six months in prison and/or a fine. Subsequent violations are punishable to two years in prison and/or a fine.
On January 1, 1996, Illinois adopted the Uniform Interstate Family Support Act. The law, which further strengthens other welfare reform initiatives, helps smooth the coordination of child support orders with other states.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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