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A parent cannot make an agreement saying the other parent does not have to pay child support. But if parents can agree, they have some flexibility in setting the child support amount, as long as reasonable arrangements have been made taking into account the guideline amount.
Child support is ordered until the youngest (or only) child reaches the state's legal age of emancipation. In Illinois, a child is legally emancipated at the age of 18 years. Unless otherwise agreed in writing or provided in the judicial order, current support of a child is terminated upon emancipation.
How much back child support is a felony in Illinois? To get a felony for not paying child support in Illinois, there needs to be more than $10,000 owed. It is a final punishment after previous methods have not worked. It can also happen for other reasons like if a person leaves the state to avoid paying child support.
When the other party is not following a court order, you can file a Petition for Rule to Show Cause . This petition asks the court to enforce its order through its power of contempt. Once you file the petition, the other party must explain to the court why they are violating a court order.
Failing to pay child support for six months or owing more than $5,000 can be charged as a Class A misdemeanor. If more than $20,000 in child support is past due, it can result in a Class 4 felony and incarceration for up to three years.
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Beginning in 2021, Illinois no longer automatically charges interest in child support cases. Prior to 2021, Illinois was one of only 15 states who automatically charged interest on child support. Outstanding principal balances of child support will remain, but unadjusted interest will be removed from the balance.
The proper method for enforcing a child support order is to institute a contempt proceeding against the obligor. This is done by filing a motion for post-decree enforcement of the child support order. For a more detailed explanation of contempt proceedings, check out our article: Illinois Contempt of Court Explained.
Contempt of court - A child support order is a court order, and a parent who fails to pay his or her court-ordered child support may be held in contempt of court. This can result in punishments that include being placed on probation or sentenced to jail time of up to six months.
Beginning in 2021, Illinois no longer automatically charges interest in child support cases. Prior to 2021, Illinois was one of only 15 states who automatically charged interest on child support. Outstanding principal balances of child support will remain, but unadjusted interest will be removed from the balance.
Once a child support case is started, it can only be stopped if both parties agree to stop it. Because either party could be the one who would receive the support, you have to wait until there is an order. If the person who would be receiving child support doesn't want it, they are able to decline it.

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