Asked in Family Law and Child Support for Illinois

Q: I have a 15 year old child support case with my ex. She's not made a payment in over 3 years. Can I ask for jail time?

She has never paid in full period in 15 yeaes. She's always been behind. I'm moving out of state and can't afford to keep coming back to press the courts to make her pay. Our children are 20 and 21. She quit paying the last time before our son was 18. She even admitted to this judge she's not paid since 2016. This is our 7th judge since the support order 15 years ago.

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: Your attorney should file a Petition for Adjudication of Civil Contempt. This should result in an order to your ex to prove why she shouldn't be held in contempt of court for not paying support when it was due. A possible consequence of her being found in contempt is that she will receive a jail sentence, typically lasting until she pays a particular portion (or all) of the amount due.

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