Child Support Payments Often Made to a “Middleman”

 Posted on September 11,2014 in Divorce

If you make child support payments in Illinois, you typically cannot just mail a check to the other parent. There is often a “middleman,” such as the Illinois Department of Healthcare and Family Services (DHFS) or the clerk of the court, who will then transmit the payment to the recipient. Your specific middleman will depend on the county in which the dissolution of marriage was filed (assuming that your duty to pay child support arose out of a failed marriage).

The following scenarios are meant to provide examples of to whom child support payments must be directed.

Scenario 1: You filed the dissolution petition in a county with a population of less than three million people. During the proceeding your spouse is awarded child custody and you are ordered to pay child support. In that case the court may order you to submit support payments to the clerk of the court.

Scenario 2: You filed the dissolution petition in a county with a population of more than three million people. During the proceeding your spouse is awarded child custody and you are ordered to pay child support. The court may order you to submit support payments to the clerk of the court or to DHFS.

Scenario 3: You filed the dissolution petition in a county with a population of less than one million people. During the proceeding your spouse is awarded child custody and you are ordered to pay child support. The court may require you to pay a $36 annual fee in addition to the requisite support payments. That fee helps fund the collection and disbursement of payments. Both the payments and the fee will be transmitted to the clerk of the court.

Scenario 4: The child support recipients also receive public aid under the Illinois Public Aid Code. In that case, the court may order you to submit support payments to the DHFS or to the local governmental unit responsible for their support. At this point the middleman may transmit the payments directly to the family or to another agency on their behalf. Both the initial middleman and the potential second middleman will depend on the type of public aid that the family receives.

The various clerks of the court and DHFS must establish and maintain accurate records of all payments received and disbursed, as well as of defaults and delinquencies. If a person fails to make a timely support payment, DHFS may bring an action against him without incurring any fees or expenses. However, the court could pass those costs onto the “deadbeat” parent. The court is also empowered to withhold portions of your income to secure child support if you fail to make a timely payment, in addition to a host of other remedies.

When the court issues a child support order all of the relevant details will be provided to you. Illinois takes the welfare of its children seriously, which is why failure to make a timely support payment carries harsh consequences. If your financial circumstances have changed and you need to request a payment modification, then you need to act immediately instead of simply not making the requisite payment. Our experienced Kane County family law attorneys can help. Contact us today for a consultation. We can assist those in the St. Charles area.