• Child Support Arrears – Everything You Need to Know in Edwardsville, Illinois

    What are child support arrears?

    child support agreement

    Arrear is just the legal way of saying that someone is behind on their outstanding debt or liability agreed upon by the courts. An arrear is used when one parent is behind on a payment that they owe the other. But how does it work, and why does it matter? Here is what you need to know.

    Understanding Child Support

    Child support is the amount of money that one parent has to pay the other after separation or divorce. It is established by a judge and a court order is issued. This money is used to help maintain the child’s lifestyle. The payments should and only be used for nessesities.

    There are legal consequences if you don’t provide child support payments and can become sticky without the assistance and guidance from your attorney. First, lets break down the difference between assigned and unassigned arrears.

    Assigned Arrears

    Assigned arrears are for parents who maintain custody but is on government assistance plans. In some of these cases, the non-custodial parent (the one owing child support) makes their child support payments DIRECTLY to the state. If the non-custodial parent is not making their payments, the government will then pursue compensation not the custodial parent.

    Unassigned Arrears

    The other form of child support is referred to as unassigned arrears. This is a payment the non-custodial parent will then directly give to the custodial parent. THE CUSTODIAL PARENT HAS A RIGHT TO THIS MONEY. For each payment that is missed will be added. The total amount that needs paid will then be charged interest at a rate of 10%. If the non-custodial parent continues to not pay after 30 days, they can be subject to penalty up to 72% of what they owe.

    child support agreement

    Penalties and Punishments

    • Withholding Wages
    • Take your Refund on State or Federal Taxes
    • Garnish Unemployment Wages
    • Minimize State Disability Benefits
    • Lose Part of Workers’ Compensation Benefits You May Be Receiving
    • Suspended Drivers License
    • Deny you a Passport
    • Placing Lien on Your Property
    • Charge you with a Misdemeanor (if you have the means to pay and are choosing not too)

    How You Can Recover Child Support

    As a legal custodial parent, you have the right to the income owed. If you have already tried speaking with your co-non-custodial parent and you still not have received your income, you need to act. Contact the Elovitz Law Office to learn about the other ways you can go about claiming the money that you’re owed! You can reach our office by calling (618) 692-4800.