How Illinois Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Illinois, each installment is a judgment that bears interest. It can be collected by income withholding, driver’s license suspension at 90 days behind, contempt and liens, and arrears over $2,500 can affect a passport.
What happens if you don’t pay child support in Illinois?
Each unpaid installment is a judgment that bears interest, and the Department of Healthcare and Family Services or the other parent can use income withholding, liens, license suspension, contempt and tax intercepts. Federal law adds passport certification above $2,500 (735 ILCS 5/12-109).
Can Illinois garnish wages for unpaid child support?
Yes. Illinois support orders are enforced by income withholding sent to the employer, and a petition to modify does not delay enforcement, including non-wage garnishment (750 ILCS 5/510(f)). Federal law limits garnishment for support: 50% if the person supports another spouse or child and 60% if not, rising to 55% and 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Can you lose your driver’s license for unpaid child support in Illinois?
Yes. The Secretary of State describes two systems: a circuit court may order suspension when a judge finds a parent at least 90 days behind, and the Department of Healthcare and Family Services may ask the Secretary of State to suspend the license of a parent 90 days or more behind. The Secretary notifies the driver that suspension takes effect in 60 days, and it lasts until the court confirms compliance; a permit for work or medical travel may be ordered (Secretary of State).
Does Illinois put a lien on property?
Unpaid support obligations are judgments that can be enforced like other judgments, including by liens and levies on the obligor’s assets. Ask the Department or an attorney which tools are being used in your case.
Can you go to jail?
Failure to comply with a support order is punishable as contempt. The court can place the parent on probation with conditions or sentence the parent to periodic imprisonment of up to six months, with release for work, and the court keeps its contempt and license powers after the child is emancipated (750 ILCS 5/505(b), (i), as published by HFS).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport and allows revoking, restricting or limiting one already issued (42 U.S.C. 652(k)). The Illinois arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice, ask the Department about a payment plan, add up the balance in the Illinois child support arrears calculator and, if your circumstances changed, file a motion to modify right away because only installments after notice can change.
Frequently asked questions
What happens if you don’t pay child support in Illinois?
Each installment is a judgment with interest, collectible by withholding, license suspension, contempt, liens and intercepts.
How much of my paycheck can Illinois take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
When can an Illinois license be suspended for child support?
When you are 90 days or more behind; the suspension takes effect 60 days after the Secretary of State’s notice.
Can Illinois jail me for unpaid child support?
Failure to comply is punishable as contempt, including periodic imprisonment of up to six months.
When can the passport of an Illinois parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- 735 ILCS 5/12-109: interest on judgments, including child support
- 305 ILCS 5/10-16.5: interest on support obligations
- 750 ILCS 5/510: only installments after notice can change
- Illinois Secretary of State: child support license suspension
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
- HFS: text of 750 ILCS 5/505
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Illinois statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Illinois attorney.