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IL Child Support Enforcement - Felony Contempt Charges

Illinois |

SITUATION: Non-custodial Parent, who abandoned Custodial Parent & two very young children, now lives 1300 miles away in IL. Non-custodial Parent satisfies every prerequisite of Felony Child Support Evasion (i.e, is WELL above minimum threshold of amount non-paid, length of time non-paid, has left state to evade, and even legally changed name to aid in evading.)

QUESTION: How does the State of IL tend to determine whether or not to pursue criminal Evasion charges, as opposed to simply ordering a wage garnishment? And would current, multiple Felony Fraud charges against the Deadbeat Parent (not yet convicted) stand any chance AT ALL of being taken under even the slightest consideration when the State chooses whether or not to exercise its right to criminally prosecute?

FOLLOW-UP: I thought the question was clear; if not, my apologies. Let me simplify it: I have an Ex-spouse who satisfies all the prerequisites to be charged with Felony Child Support Evasion. It would appear the State of IL has the autonomy to decide on its own whether or not to criminally prosecute such a Deadbeat Parent. I would like to see this person charged. What is the likelihood the State will move forward with prosecution? Or will I have to once again go through the "wage-garnishment-roulette" for the next eight years as well.

Attorney Answers 1


  1. I'm not sure what you're asking. The State of Illinois is required to enforce child support orders for its residents who have minor children. When a custodial parent doesn't receive child support, the custodial parent is often forced to utilize state resources for food, rent, utilies and other necessities for the child. The State then goes after the money to reimburse the State for the resources utilized by the custodial parent

    If you're ordered to pay, you have to pay, UNLESS you show a substantial change in circumstances that you are unable to pay the amount in the current order. That's the law, and that's your burden to prove that you can no longer pay it

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