You missed some child support payments, and now you are worried about what that means. Maybe you lost a job, maybe the amount was always more than you could manage, and maybe the balance has grown into a number you do not know how to face. The unpaid amount has a name. It is called child support arrears, or arrearages, and Illinois treats it seriously.
Here is what makes arrears different from ordinary debt. They do not go away when your child turns 18. You cannot erase them in bankruptcy. And they grow with interest the whole time they sit unpaid. This article explains how arrears are calculated, what the state can do to collect, and what you can do if you are already behind.
Key Takeaways
- Child support arrears are unpaid support owed to the other parent, and each missed payment becomes its own judgment.
- Unpaid arrears accrue 9% simple interest in Illinois once a payment is more than 30 days past due, and payments apply to interest before principal.
- Arrears do not end when the child turns 18, cannot be discharged in bankruptcy, and have no statute of limitations on collection.
- A modified support order changes future payments only, never the arrears already owed.
- The state can collect through wage garnishment, tax interception, bank and asset seizure, liens, license suspension, and contempt.
How Child Support Arrears Are Calculated
Arrears are the difference between what you were ordered to pay and what you paid. That part is simple. The part that surprises people is the interest.
Under Illinois law, each support payment becomes its own judgment when it comes due. If a payment stays unpaid for 30 days, it starts to accrue interest at 9% per year. This means a single missed payment does not just sit there at face value. It grows, on its own, month after month, until you pay it off.
A later change to your order does not fix this. If the court lowers your support going forward, that lower amount applies only from the date you filed your motion to modify. It does nothing to the arrears you already owe. Those stay on the books at the original amount, with interest.
Why Arrears Are So Hard to Catch Up On
Interest is what turns a manageable balance into one that feels impossible. At 9% simple interest, a large arrears balance generates a significant amount of new interest every year, and Illinois law applies your payments to the accrued interest first, before any of it reaches the principal.
This means you can pay every month and still watch the balance barely move. If you owe a large amount and pay a small monthly sum toward it, most of that sum can be absorbed by the interest that accrued since your last payment.
The principal, the support you fell behind on, comes down slowly, if at all. This is why waiting is the worst thing you can do. The longer arrears sit, the more interest builds on top of them, and the harder catching up becomes.
What the State Can Do to Collect
Illinois has strong tools to force payment of arrears and the state uses them. These are the most common:
- Wage garnishment. Your employer is ordered to withhold part of your paycheck.
- Tax refund interception. Your state and federal refunds are applied to the balance.
- Bank account seizure. Funds can be taken directly from your accounts.
- Property liens. The state can place a lien on your home or other assets.
- License suspension. Your driver’s license can be suspended once you are 90 days or more behind, after a 60-day notice. A professional license, such as a law, medical, or contractor license, can be suspended when you are more than 30 days behind.
- Contempt of court. If a judge finds you could have paid and chose not to, you can be held in indirect civil contempt, which can mean fines, and in serious cases, jail.
The parent you owe can also ask the court to make you pay their attorney fees. The state has more ways to collect arrears than almost any other kind of debt and avoiding the issue will not delay the state’s collection efforts.
What to Do if You Lost Your Job
If your income drops, the worst response is to stop paying and hope to sort it out later. That is exactly how arrears build, and it can land you in contempt. The right response is to act, and to act quickly.
File a motion to modify your support as soon as your situation changes. The court can lower your obligation going forward, but only from the date you file, not back to the date you lost the job. This means every week you wait is another week of support piling up at the old amount. If you lost your job, take these steps:
- File a motion to modify child support right away.
- Apply for unemployment benefits immediately.
- Once you are receiving unemployment, tell the court so your obligation can be set to match that income.
- Keep records of your job search, so you can show the judge your efforts were made in good faith.
Some parents borrow from family to cover their own expenses and skip support entirely. This is the worst approach. You will still owe the same amount later, plus the interest that built up while you were not paying. Additionally, you may face contempt for failing to make support payments as ordered.
Can Bankruptcy Erase Child Support Arrears?
No. Child support is not dischargeable in bankruptcy. You will owe the arrears no matter what else a bankruptcy filing clears. If you are carrying other debts, bankruptcy may free up income that helps you pay the support down, but it cannot touch the support itself.
What You Can Do if You Are Already in Arrears
If you are already behind, you still have options. None of them make the debt disappear, but each one can keep a bad situation from getting worse.
Verify the Amount First
Before you accept any number, confirm it is right. Mistakes happen. You may have been charged for support after your child was emancipated, or the interest may have been calculated incorrectly.
Do not rely on the other side’s figures. Have your own attorney or accountant check the balance, and if it is wrong, petition the court to correct it. Paying an inflated number helps no one.
Ask for a Payment Plan
You can ask the judge to set a reasonable payback schedule. A plan will not stop interest from accruing, but it can keep you out of contempt while you work the balance down. Courts generally respond well to a parent who is trying.
Try to Settle With the Other Parent
The arrears are owed to the other parent, which means the other parent can agree to take less. If you can offer a lump sum, they may accept it and release the rest, because a guaranteed payment now can be worth more to them than years of uncertain collection. This has to be put in a written agreed order and approved by the court. It is not guaranteed, but it is worth raising.
Contact the Child Support Division
The child support division of the prosecutor’s office will sometimes discuss a workable repayment arrangement, especially when the arrears have grown large. It is worth the call.
If You Are the Parent Who Is Owed
Everything above speaks to the parent who fell behind. If you are on the other side, the parent who never received the support a court ordered, Illinois gives you real ways to collect, and time is on your side more than you might think.
There is no deadline to collect child support in Illinois. A 1997 change to the law removed the old 20-year limit, so past-due support can be pursued at any time, even decades later and even after your child is grown. You can read more in our guide on collecting past due child support. Each missed payment is its own judgment, which means the right to collect does not expire while any of it remains unpaid.
One detail catches many parents by surprise. The state’s child support agency no longer calculates or enforces interest on its own. To collect the interest you are owed, you generally have to ask the court for it, by filing a petition to determine the arrearage and the accrued interest. Until you do, the interest may be sitting on the books uncounted, even though it has been adding up at 9% the whole time.
When the other parent will not pay, enforcing the order in court is the next step. A Petition for Rule to Show Cause asks the judge to hold the other parent in contempt, and under Illinois law the court can order that parent to pay your attorney fees when their failure to comply was without good cause. Our Chicago child support attorneys handle both sides of these cases, and we have collected support that went unpaid for decades.
Get Ahead of Child Support Arrears Before They Grow
Arrears reward action and punish waiting. The interest does not pause, the state’s collection tools do not expire, and bankruptcy offers no way out. The best thing you can do is stay current, but the moment you see that you cannot, file a motion and be honest with the court. Judges respond far better to a parent who comes forward than to one who waits until a contempt hearing forces the issue.
If you are already behind, verify the balance, look at a payment plan, and consider whether a settlement is possible. Contact Anderson Boback & Marshall today to talk through where you stand and what your options are.
Frequently Asked Questions About Child Support Arrears in Illinois
What Interest Rate Applies to Child Support Arrears in Illinois?
Illinois charges 9% simple interest per year on unpaid child support. Each payment becomes its own judgment, and once a payment is 30 days past due, it begins to accrue interest. Because every missed payment carries its own interest, a balance that builds over time can grow quickly.
Can Child Support Arrears Ever Be Forgiven?
A judge cannot wipe out arrears or reduce them retroactively. The parent you owe, however, can agree to accept less and release the rest, through a written agreed order approved by the court. The state cannot forgive a balance owed to a private individual. Only the parent who is owed can agree to that.
Do Child Support Arrears Go Away When My Child Turns 18?
No. Your ongoing support stops when the obligation ends, but any arrears you still owe carry forward. You continue paying, with interest, until the past-due balance is paid in full, even after your child is an adult.
What if I Think the Amount I Owe Is Wrong?
You can challenge it. Common errors include being charged after your child was emancipated, interest applied incorrectly, or payments you made that were never credited. File a motion asking the court to review and correct the balance, and have your own attorney or accountant calculate the number before you accept the state’s figure.
Can I Go to Jail for Unpaid Child Support in Illinois?
It is possible. A court can hold you in contempt for willfully refusing to pay, and contempt can include jail. The key word is willful. If you lost your job, filed to modify your support, and documented your efforts, a judge is far less likely to treat the situation as willful. Coming forward early is what protects you.
Can My License Be Suspended for Unpaid Child Support?
Yes. Your driver’s license can be suspended once you are 90 days or more behind, after a 60-day notice. A professional license can be suspended when you are more than 30 days behind. Because a suspended license can cost you the income you need to pay, address it quickly if you receive a notice.
If I Get a Lower Support Order, Does It Reduce What I Already Owe?
No. A modified order applies only from the date you filed your motion. It has no effect on the arrears you already owe under the old order. This is the strongest reason to file the moment you see trouble coming, rather than falling behind and hoping to fix it later.
Is There a Statute of Limitations on Child Support Arrears in Illinois?
No. There is no statute of limitations on collecting child support arrears in Illinois. Past-due support can be enforced at any time, with no deadline, even after the child is an adult. Before July 1, 1997, a 20-year limit applied, but an amendment to 735 ILCS 5/12-108 removed it, and the statute now provides that child support judgments may be enforced at any time. Because each missed payment is treated as its own judgment, the right to collect lasts as long as any balance remains unpaid. Illinois courts have allowed collection of support that went unpaid for 26 years and longer.
