Please note that the legal information presented on this page is written for those living in the state of Illinois.
What Does it Mean?
If you don't make a child support payment on time, your driver's license can be suspended due to an enforcement penalty.
Things You Should Know
If you believe that you have not fallen behind on your child support payments, you may be able to appeal the suspension
If you cannot work due to the license suspension, you may also be able to appeal the suspension or change (modify) your child support order
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Definitions
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Docket Number
In Illinois, every civil court case is filed with a unique docket number. Your cases's docket number will be written on every court order you receive. Additionally, each time you file a notice of motion, you will have to include the docket number for the case. For family law cases (Domestic Relations cases), every docket number will contain the
If you have received a sanction for failing to follow a court order or as the result of child support enforcement, you are required to be personally served written notice of the sanction. If you have received a sanction – such as a lien placed on your bank account, or a suspension of your driver's license – and you were NOT personally served writ
An affidavit is a written document that alleges a set of factual statements, and may be submitted as evidence as part of a court case. In other words, an affidavit is the written version of testifying in court under oath, and requires signing by a licensed public notary.
The IV-D program, otherwise known as child support enforcement services, is a social service program run by the Illinois Department of Family Services (HFS).Parents enrolled in the IV-D program are given free assistance with: establishing a parent's legal paternity, issuing an administrative child support order, and/or enforcing a
An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare
The process of getting a divorce will likely involve many hearings in court and the issuing of many different court orders. Some of the court orders or "judgements" made throughout a divorce case can be appealed or changed (modify) depending on the situation. Examples of court orders and judgements that can be appealed or modified may include:
If you have been ordered to pay maintenance (alimony) and you fail to make an alimony payment on time, the amount that was owed will become past-due maintenance. Unless the past-due maintenance is paid off, the next child support order you receive will show that you owe both the current alimony payments plus the past-due alimony. In Illinois, past
A lien placed on a bank account prevents one from withdrawing or spending funds in the account. The lien could affect either a portion of or all funds in the account. IMPORTANT THINGS TO KNOW ABOUT A LIEN: If you have failed to make child support payments on time, or owe past-due child support, a lien can be placed on your bank account as part of
Project Clean Slate is a program offered by the Department of Family Services (HFS) to help qualifying non-custodial parents pay off past-due child support (arrears).You may qualify to have all past-due child support owed to the state of Illinois erased if you can provide proof that one of the following circumstances prevented you from paying child
A judicial child support order is a legally-binding child support order that is entered by a judge in court. This means that in order to modify, enforce, or terminate a judicial child support order, you will need to file a notice motion to the other parent and have your case heard by a judge.If you have a copy of your child support order, you can t
Enforcing a child support order involves additional measures taken or penalties placed to ensure that the non-custodial parent of a child pays child support. Generally speaking, enforcement is usually reserved for when a non-custodial parent has repeatedly failed to make payments on time. Some enforcement penalties are more severe than others. Pena
A (marital) settlement agreement is a legally-binding court order made between two spouses when getting a divorce or two partners when dissolving a civil union. Settlement agreement can order one or both parties to make certain payments to the other, or to divide certain assets, including: alimony payments child support payments for minor children
A court order is a written document issued by a judge in court. Court orders are given to both parties to a court case – called the petitioner and the respondent – each time your case is heard in front of a judge in court. The court order describes what events took place in court on the date it is issued, and it typically requires one or both par
Unallocated child support is a type of child support payment one can be ordered to pay or receive through a legally-binding child support order. If you are ordered to pay unallocated child support by a judge in court, all of your payments are tax-deductible.All other kinds of child support payments are NOT tax-deductible for the paying parent, nor
A parenting plan is a legally-binding document that orders the allocation of parental responsibilities (custody arrangement), parenting time (visitation rights), or both.The content of a parenting plan may include, but is not limited to the following information:which parent(s) has primary custody of the child(s)how much parenting time (visitation
If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp
If you have been ordered to pay cash medical support and you fail to make a payment on time, the amount that was owed will become past-due cash medical support. Unless the past-due cash medical support is paid off, the next child support order you receive will show that you owe both the current cash medical support payments plus the past-due cash m
Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti
Declaring the Non-Existence of a Parent-Child Relationship
Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat
A child support order is a legally-binding court order requiring a legal parent of a child, typically the child's non-custodial parent, to make a certain amount of child support payments on a regular basis. There are two types of child support orders: judicial child support orders, and administrative child support orders. The main difference betw
A Certification for Exemption from E-Filing, if approved by the courts, allows you to file a petition or notice of motion on paper rather than doing so online (e-filing).You may qualify for an E-Filing exception if:You do NOT own or have access to a computer or a stable internet connectionYou have previously tried and were unable to e-file; orYou a
A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
If you have been ordered to pay child support, and you fail to make a child support payment on time, the amount that was owed will become past-due child support (arrears). Unless the past-due child support is paid off, the next child support order you receive will show that you owe both the current child support payments plus the amount that is pas
A marriage license is both the first step towards getting legally married in Illinois, as well as a document that confirms the legal marriage between two persons. In order to get married, you and your partner must first apply for a marriage license together at an approved location BEFORE solemnizing the marriage, which requires the following: pre
A civil union license, otherwise known as a civil union certificate, is a document that confirms that both partners have entered into a legally recognized civil union. In order to enter into a civil union in the state of Illinois, both parties must sign the civil union license, and pay a $60 USD filing fee. If you cannot pay the fee, you may be a
Being held in contempt of court is typically the result of a failure to follow the directions of a court order. It may also be the result of child support enforcement. If you are held in contempt or court, you may be subject to certain penalties, such as a fine or a short period of incarceration.
A lien placed on a bank account prevents one from withdrawing or spending funds in the account. The lien could affect either a portion of or all funds in the account. IMPORTANT THINGS TO KNOW ABOUT A LIEN: If you have failed to make child support payments on time, or owe past-due child support, a lien can be placed on your bank account as part of
Enforcing a child support order involves additional measures taken or penalties placed to ensure that the non-custodial parent of a child pays child support. Generally speaking, enforcement is usually reserved for when a non-custodial parent has repeatedly failed to make payments on time. Some enforcement penalties are more severe than others. Pena
An affidavit is a written document that alleges a set of factual statements, and may be submitted as evidence as part of a court case. In other words, an affidavit is the written version of testifying in court under oath, and requires signing by a licensed public notary.
Being held in contempt of court is typically the result of a failure to follow the directions of a court order. It may also be the result of child support enforcement. If you are held in contempt or court, you may be subject to certain penalties, such as a fine or a short period of incarceration.
Declaring the Non-Existence of a Parent-Child Relationship
Declaring the non-existence of a parent-child relationship means that a child's legal parent is NO LONGER recognized as that child's legal parent. This can be made based on the results of DNA testing or by acquiring knowledge of the relevant facts of the situation, but ONLY IF it has been less than TWO (2) YEARS since the petitioner to the declarat
A civil union license, otherwise known as a civil union certificate, is a document that confirms that both partners have entered into a legally recognized civil union. In order to enter into a civil union in the state of Illinois, both parties must sign the civil union license, and pay a $60 USD filing fee. If you cannot pay the fee, you may be a
If you have been ordered to pay child support, and you fail to make a child support payment on time, the amount that was owed will become past-due child support (arrears). Unless the past-due child support is paid off, the next child support order you receive will show that you owe both the current child support payments plus the amount that is pas
The IV-D program, otherwise known as child support enforcement services, is a social service program run by the Illinois Department of Family Services (HFS).Parents enrolled in the IV-D program are given free assistance with: establishing a parent's legal paternity, issuing an administrative child support order, and/or enforcing a
A marriage license is both the first step towards getting legally married in Illinois, as well as a document that confirms the legal marriage between two persons. In order to get married, you and your partner must first apply for a marriage license together at an approved location BEFORE solemnizing the marriage, which requires the following: pre
A Certification for Exemption from E-Filing, if approved by the courts, allows you to file a petition or notice of motion on paper rather than doing so online (e-filing).You may qualify for an E-Filing exception if:You do NOT own or have access to a computer or a stable internet connectionYou have previously tried and were unable to e-file; orYou a
An adjudication of parentage refers to a court order (or a legally equivalent administrative order) that establishes a parent-child relationship between the adjudicated parent and a child. A judge or the Department of Family Services (HFS) may adjudicate parentage on the basis of DNA testing, or because of the relevant facts of the situation. Pare
A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
If you have received a sanction for failing to follow a court order or as the result of child support enforcement, you are required to be personally served written notice of the sanction. If you have received a sanction – such as a lien placed on your bank account, or a suspension of your driver's license – and you were NOT personally served writ
A judicial child support order is a legally-binding child support order that is entered by a judge in court. This means that in order to modify, enforce, or terminate a judicial child support order, you will need to file a notice motion to the other parent and have your case heard by a judge.If you have a copy of your child support order, you can t
If a judge has ordered that you and your partner or spouse are legally separated, and you have experience a significant change in financial circumstances – such as a change in employment status or the additional presence of a mental or physical disability – you may be able to modify certain aspects of your legal separation agreement, including:temp
If you have been ordered to pay maintenance (alimony) and you fail to make an alimony payment on time, the amount that was owed will become past-due maintenance. Unless the past-due maintenance is paid off, the next child support order you receive will show that you owe both the current alimony payments plus the past-due alimony. In Illinois, past
The process of getting a divorce will likely involve many hearings in court and the issuing of many different court orders. Some of the court orders or "judgements" made throughout a divorce case can be appealed or changed (modify) depending on the situation. Examples of court orders and judgements that can be appealed or modified may include:
A parenting plan is a legally-binding document that orders the allocation of parental responsibilities (custody arrangement), parenting time (visitation rights), or both.The content of a parenting plan may include, but is not limited to the following information:which parent(s) has primary custody of the child(s)how much parenting time (visitation
Gestational surrogacy is the process through which a woman carries and gives birth to a child that was conceived through in vitro fertilization, with the intent to place said child in the care of another parent, referred to as the intended parent. In order to have a valid gestational surrogacy agreement, the intended parent must have made a geneti
A (marital) settlement agreement is a legally-binding court order made between two spouses when getting a divorce or two partners when dissolving a civil union. Settlement agreement can order one or both parties to make certain payments to the other, or to divide certain assets, including: alimony payments child support payments for minor children
If you have been ordered to pay cash medical support and you fail to make a payment on time, the amount that was owed will become past-due cash medical support. Unless the past-due cash medical support is paid off, the next child support order you receive will show that you owe both the current cash medical support payments plus the past-due cash m
Unallocated child support is a type of child support payment one can be ordered to pay or receive through a legally-binding child support order. If you are ordered to pay unallocated child support by a judge in court, all of your payments are tax-deductible.All other kinds of child support payments are NOT tax-deductible for the paying parent, nor
A child support order is a legally-binding court order requiring a legal parent of a child, typically the child's non-custodial parent, to make a certain amount of child support payments on a regular basis. There are two types of child support orders: judicial child support orders, and administrative child support orders. The main difference betw
A court order is a written document issued by a judge in court. Court orders are given to both parties to a court case – called the petitioner and the respondent – each time your case is heard in front of a judge in court. The court order describes what events took place in court on the date it is issued, and it typically requires one or both par
In Illinois, every civil court case is filed with a unique docket number. Your cases's docket number will be written on every court order you receive. Additionally, each time you file a notice of motion, you will have to include the docket number for the case. For family law cases (Domestic Relations cases), every docket number will contain the
Project Clean Slate is a program offered by the Department of Family Services (HFS) to help qualifying non-custodial parents pay off past-due child support (arrears).You may qualify to have all past-due child support owed to the state of Illinois erased if you can provide proof that one of the following circumstances prevented you from paying child
Child support payments made towards a legally-binding child support order are generally handled by the Illinois State's Disbursement Unit (SDU). This state agency processes child support payments made by one parent, and then distributes that payment to the other parent. In this article, we discuss how you can check your child support balance. Your
A child support order is a legally-binding court order requiring one parent to make child support payments to another parent. Child support orders may specify how a parent must make child support payments. Sometimes, child support payments are taken directly from a parent's paycheck through a notice of income withholding. Other times, parents must
Child support refers to cash payments made by one parent of a child to the other. These payments are meant to support the cost of raising and caring for a minor child. However, the amount a parent owes for a child support order may not be owed entirely to the child's other parent. In some cases, child support payment may also be owed to the state o
Child support payments made towards a legally-binding child support order are generally handled by the Illinois State's Disbursement Unit (SDU). This state agency processes child support payments made by one parent, and then distributes that payment to the other parent. In this article, we discuss how you can check your child support balance. Your
A child support order is a legally-binding court order requiring one parent to make child support payments to another parent. Child support orders may specify how a parent must make child support payments. Sometimes, child support payments are taken directly from a parent's paycheck through a notice of income withholding. Other times, parents must
Child support refers to cash payments made by one parent of a child to the other. These payments are meant to support the cost of raising and caring for a minor child. However, the amount a parent owes for a child support order may not be owed entirely to the child's other parent. In some cases, child support payment may also be owed to the state o
