After a divorce, it’s common for issues like past due child support to arise. Often, the parent obligated to pay child support will fall behind on their payments. To collect this unpaid support, the party owed support must bring the case back to court. However, this process can be costly, which is why some parents may wait. But what happens if you wait to collect? Can you lose your right to claim past due child support?
Can Past Due Child Support Be Collected Later?
It may surprise some, but past due child support can be collected at any time—even after the child becomes an adult. Prior to 1997, Illinois law required that past due support be collected within 20 years from when it was due. If you waited beyond that time, you could lose your right to collect. But on July 1, 1997, Section 12-108 of the Illinois Code of Civil Procedure was enacted, changing the rules. Now, child support judgments can be enforced at any time, without any deadline.
This means that even if the child support has been owed for 20 or more years, you can still collect. For example, courts have allowed child support collection 26 years after the payments were due, showing that there’s no expiration on the right to collect.
What If the Non-Paying Parent Refuses to Pay?
If the parent responsible for paying child support doesn’t comply, you have legal options. In Illinois, enforcement mechanisms include:
- Wage garnishment
- Seizure of tax refunds
- Suspension of professional or driver’s licenses
- Other legal measures
These penalties are meant to ensure that child support arrearages are repaid over time. For a more detailed breakdown of how arrearages accumulate and what happens when support isn’t paid, check out our related blog on child support arrearages. It explains what happens when payments are missed and how to handle these debts.
Our Firm’s Experience with Long-Term Cases
At Anderson Boback & Marshall, we’ve even worked on cases where child support payments went unpaid for over 40 years. In one case, we’re helping a client before the First District Appellate Court to collect support from a party who hadn’t paid in decades. This demonstrates the long-standing right to enforce child support orders, regardless of how much time has passed.
Final Thoughts on Collecting Past Due Child Support
If you’re owed past due child support, don’t wait to act. Illinois family law allows you to collect what is owed, even after many years. If you need help navigating the process or enforcing a child support order, contact our firm for a consultation.
