When a divorcing couple has children, it is common for child support to become a concern. Often, even after a divorce case is finished, questions concerning child support remain.
When Will I Start Receiving Child Support?
As part of a family law case, a judge will order child support to be paid. The order will usually have a start date for the payments. When you will begin to receive the payments depends on three factors:
- When the other side decides to pay;
- What the collections arrangements are; and
- How long it takes the Illinois State Disbursement Unit (ISDU) to setup up your account.
Most child support payments are directly deducted from the payor’s paycheck and are processed by the state before being paid to the recipients. However, in some cases, the payor will pay the support directly to the other side. In most cases you will start receiving child support payments within 30 days of the start of the obligation, but because of the time it takes to process some accounts, it could take longer.
If My Ex Does Not Pay His or Her Child Support, Does He or She Still Get Visitation?
You cannot withhold court ordered visitation because your are not receiving child support. The court views those as separate issues, both the subjects of court orders. The other parent’s failure to obey a court order does not excuse you from obeying other court orders.
There is a legal process you can go through if you are not getting child support payments. Still, deciding to withhold parenting time could get you in a lot of trouble. You should consult with a family law lawyer if you have concerns about your child support.
Will I Go to Jail if I Miss a Child Support Payment?
There are several consequences for failure to pay child support. Your driver’s license can be suspended and you may be held in contempt of court. One penalty for being held in contempt of court could be jail time. However, these extreme measures are not usually used in cases where a single payment has been missed.
When you are not financially able to meet your child support obligations because of a change in circumstances you should speak with an attorney to see if a modification is possible.
If you have questions about any family law issues including divorce, custody, or support, please contact a skilled and experienced DuPage County divorce lawyer. Call Sullivan Taylor & Gumina, P.C. today at 630-665-7676 to schedule a consultation today.