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| Home > Divorce Q&A's: (sect-Child Support & Maintenance > Enforcement of Child Support | |||||
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Enforcement of Child Support and MaintenanceThe Gitlin
Law Firm, P.C., Woodstock, Illinois © 2009
Q:What about payment of child support though the State Disbursement Unit? I have heard about problems with payments that are made through the State Disbursement Unit. What is your experience?A:My experience is that early on there were many problems with withholding of income for support through the State Disbursement Unit. I have found that these problems have been generally resolved and at this stage the system works well. My belief is that there are added protections when child support is paid under an order for withholding and that therefore, where possible, child support should be paid in this manner.
Q:How can I receive more information about the State Disbursement Unit?A:More information is available at http://www.ilchildsupport.com/sdu/. The State Disbursement Unit is now managed by ACS State & Local Solutions (ASC). This is valuable information for both lawyers and child support recipients in Illinois. The web site is also broken down into a Customer Service page and an Employer Information page. The Interactive Web Site for the State Disbursement Unit can be found at http://www.ilsdu.com/Home.asp. Here you can:
Q:Is there an easy way to provide my lawyer with information relating to the State Disbursement Records?A:Yes. See the form for Consent to Release Confidential Information
Q:What is the address for the State Disbursement Unit?A:SDU, P.O. Box. 5400, Carol Stream, IL 60197-5400. Their telephone number for customer service is 1-877-225-7077. This telephone number provides an automated voice response service line.
Q:If support is paid through the State Disbursement Unit, can the funds be paid through an electric funds transfer?A:Yes. This is a simple procedure. To see the form for an electronic transfer of funds in Illinois for child support to be withhold and directly deposited into your checking account, please click here.
Q:What web site contains a good summary of how to enforce support in Illinois?
Q:Other than contempt of court, what other weapons are there for a person trying to collect child support?A:Recently, there are more and more weapons available to enforce collection of child support from so called “dead-beat” parents. These are:
There is even a web site published by the Illinois Department of Public Aid's Division of Child Support Enforcement which features photographs of individuals who the state indicates are the worst "deadbeats." See: www.ilchildsupport.com/deadbeats
Q:Other than using a private attorney, what other resources are available for collection of child support?A:Enforcement of support may be obtained through application to the child support enforcement division of the state's attorney's office in each county. The advantage to using this approach is that it is without charge. However, often there are limitations in terms of what can be collected using the state's attorney. Additionally while public offices often will do a fine job, there is often a backlog.
Q:I am an employer. What type of information am I to provide with each payment?A:The SDU's web site states: "Payments should be made payable to the State Disbursement Unit, and must include the following information for the disbursements to be processed:"
Further information for employers can be found at www.ilchildsupport-employer.com/# Illinois employers are supposed to report the hiring of all new employees. Note that in August 2008, there were significant improvements to the New Hires Reporting web site. It is nearly a voluntary program since the penalty for non-reporting per individual is only $15.00.
Q:What about attorney's fees for enforcement of support or other enforcement matters?A:As a general matter unless the non-complying party can show a compelling cause or justification for non-payment of support, then payment of a party's reasonable attorney's fees should be mandatory. A short summary of the case law in this regard is: IRMO Berto, (2nd Dist. 2003); In Re Parentage of M.C.B., (2nd Dist. 2001); IRMO McGuire, 305 Ill.App.3d 474, 238 Ill.Dec. 689, 712 N.E.2d 411 (1999); In re Marriage of Baggett, 281 Ill. App. 3d 34, 666 N.E.2d 850 (1996); In re Marriage of Roach, 245 Ill.App.3d 742, 748, 615 N.E.2d 30, 34 (1993); and IRMO Young, 200 Ill.App.3d 226, 147 Ill.Dec. 178, 559 N.E.2d 178 (1990). While this is a correct general statement of the law, I have found that judges are often reluctant to strictly apply the case law and statutory law regarding attorney's fees incurred due to the non-compliance with a court order.
Q:Will you accept a fee in which you are collecting child support without a retainer -- based upon a percentage of what I receive?A:Yes. Lawyers handling family law cases will often accept cases where the only issue is collection of a child support and a maintenance arrearage based upon a percentage of what is received. The lawyer in such cases should consider both options and there should be a written agreement regarding whether the fee is contingent or whether the fees will be paid by the client as the case progresses. If the client pays as the case progresses, the fee award will be reimbursed to the client.
Q:What about interest? I have heard something about interest due to missed child support payments?A:A fact often overlooked is the fact each missed child support payment is entitled to statutory interest. This is simple interest at the rate of 9 percent per year which starts to run with each payment that is missed. See the article by Gunnar J. Gitlin regarding child support statutory and case law. This interest can be very substantial.
The Gitlin Law Firm, P.C., provides the above information as a service to potential and current clients. A person's accessing the information contained in this web site, is not considered as retaining The Gitlin Law Firm for any case nor is it considered as providing legal advice. The Gitlin Law Firm cannot guarantee the outcome of any case. The Gitlin Law Firm's practice is generally limited to McHenry County, Lake County, Kane County and Boone County, Illinois. The Gitlin Law
Firm, P.C. Gitlin Law Firm, P.C. Updated: January 2, 2009
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