What is the Illinois Department of Healthcare and Family Services (HFS) role in child support enforcement?

HFS operates the Division of Child Support Services, which provides enforcement services at no cost to custodial parents receiving public assistance and for a nominal fee to others. HFS can establish paternity, establish support orders, locate non-custodial parents, enforce orders through income withholding, intercept tax refunds, suspend licenses, and report to credit bureaus. Cases can be opened by application or court referral.

How does income withholding work in Illinois?

Income withholding is automatic in all child support cases. Under 750 ILCS 5/706, an Income Withholding Order is sent to the payor's employer, who must begin withholding within 7 business days. The maximum that can be withheld is 50% of disposable income if the payor is supporting a current spouse or child, or 60% if not. An additional 5% may be withheld for arrears over 12 weeks old.

What interest rate applies to child support arrears in Illinois?

Illinois law (750 ILCS 5/505(h)) provides that unpaid child support accrues interest at the rate of 9% per year. This interest compounds annually and significantly increases the total debt over time. Interest begins accruing the day after each payment is due and cannot be waived without court approval.

Can my driver's license be suspended for non-payment of child support?

Yes. Under 750 ILCS 28/15, HFS can suspend your driver's license if you are more than 90 days delinquent or owe more than $5,000 in arrears. You will receive advance notice and an opportunity to request an administrative hearing or enter into a payment plan. Hardship exemptions may be available if loss of license would prevent you from working.

What professional licenses can be suspended for child support non-payment?

Illinois law (750 ILCS 28/20) allows suspension of occupational, professional, and recreational licenses issued by state agencies. This includes licenses for attorneys, physicians, nurses, real estate agents, contractors, cosmetologists, hunting/fishing licenses, and many others. HFS certifies delinquency to the licensing authority, which may refuse to issue or renew the license.

Can I go to jail for not paying child support in Illinois?

Yes, but only for willful non-payment. Under 750 ILCS 5/509, the court can hold you in contempt if you willfully fail to comply with a support order. The court must find that you had the ability to pay but chose not to. Penalties can include fines up to $500 per violation and/or imprisonment up to 6 months. You cannot be jailed for genuine inability to pay.

How do I modify child support if I lost my job or had income change?

You must file a Petition to Modify Child Support with the court showing a substantial change in circumstances. Loss of employment or significant income reduction qualifies, but you must demonstrate it was involuntary and you are making good-faith efforts to find work. The order remains in effect until modified—arrears continue to accrue at the original amount until the court enters a new order.

Can HFS help me enforce support if I never married the other parent?

Yes. HFS assists with enforcement regardless of marital status. If paternity has not been legally established, HFS can help establish it through voluntary acknowledgment or genetic testing. Once paternity is established, HFS can pursue a support order and use all enforcement tools available. Services are free for recipients of public assistance and available for a small fee to others.

Enforcement Tools750 ILCS 5/509

Illinois Child Support Enforcement

Comprehensive guide to enforcement methods, penalties, and procedures for collecting unpaid child support through Illinois HFS and court actions.

Calculate Support HFS Child Support Services

Quick Facts

Enforcement Agency

HFS/DCSS

Healthcare and Family Services Division

305 ILCS 5/10-15

Primary Method

Most Common

Income Withholding

Automatic from paychecks

750 ILCS 5/706

Arrears Interest

Compounding

9% Per Year

Accrues on unpaid support

750 ILCS 5/505(h)

Contempt Penalties

Criminal

Fines & Jail

Up to 6 months incarceration

750 ILCS 5/509

Credit Reporting

Impacts Credit

Automatic

After $1,000+ arrears

305 ILCS 5/10-15

License Suspension

Possible

Driver, professional, recreational licenses

750 ILCS 28/15

Overview of Illinois Child Support Enforcement

Illinois law provides multiple enforcement mechanisms to ensure non-custodial parents meet their child support obligations. The Illinois Department of Healthcare and Family Services (HFS)operates the Division of Child Support Services, which offers comprehensive enforcement assistance at no cost to custodial parents receiving public benefits and for a nominal fee to others.

Enforcement tools range from automatic income withholding and tax refund intercepts to license suspensions, property liens, and contempt of court proceedings. Under 750 ILCS 5/509, willful failure to pay court-ordered support can result in criminal contempt charges carrying potential jail time.

Important: Child support orders remain in effect until modified by a court. Even if you lose your job or face financial hardship, you must continue making payments or petition the court for a modification. Arrears accrue at 9% annual interest and never expire.

Available Enforcement Methods

Income Withholding Order

Automatic deduction from wages, salary, commissions, or other periodic income

Legal Basis:

750 ILCS 5/706

Effectiveness:

High (>80% collection rate)

How It Works:

HFS or court issues Income Withholding Order to employer; employer must implement within 7 business days; maximum withholding is 50-65% of disposable income depending on circumstances

Limitations:

Ineffective if payor is unemployed, self-employed without verifiable income, or working in cash economy

Bank Account Levy

Seizure of funds from checking, savings, money market, or investment accounts

Legal Basis:

735 ILCS 5/12-701

Effectiveness:

Moderate (depends on account balance)

How It Works:

Court issues writ of execution; sheriff or process server delivers levy to financial institution; bank freezes account and remits available funds; certain exemptions apply (SSI, unemployment benefits)

Limitations:

One-time seizure (not ongoing); payor may close or drain accounts; court costs and sheriff fees apply

Tax Refund Intercept

Automatic offset of state and federal income tax refunds to satisfy arrears

Legal Basis:

305 ILCS 5/10-15; 42 USC § 664

Effectiveness:

Moderate-High (if payor receives refunds)

How It Works:

HFS submits delinquent cases to federal and state tax offset programs; IRS and Illinois Department of Revenue intercept refunds; notification sent to payor before offset occurs

Limitations:

Only works if payor files taxes and is due refund; joint filers can request Injured Spouse allocation

Driver License Suspension

Suspension of driving privileges for non-payment of support

Legal Basis:

750 ILCS 28/15

Effectiveness:

Moderate (motivates payment but may reduce earning capacity)

How It Works:

HFS notifies Illinois Secretary of State when payor is >90 days delinquent or owes >$5,000; advance notice sent to payor allowing opportunity to request hearing; license suspended if payor does not comply or arrange payment plan

Limitations:

May impact payor's ability to work; hardship exemptions available for employment-related driving

Professional License Suspension

Suspension or non-renewal of occupational, professional, or recreational licenses

Legal Basis:

750 ILCS 28/20

Effectiveness:

High (strong leverage for compliance)

How It Works:

HFS certifies delinquency to licensing authority (IDFPR, DCEO, etc.); licensing board refuses to issue or renew license until arrearage resolved; applies to attorneys, doctors, real estate agents, contractors, hunting/fishing licenses

Limitations:

Lengthy administrative process; payor may challenge or request payment plan

Passport Denial

Federal program denying or revoking passports for substantial arrears

Legal Basis:

42 USC § 652(k)

Effectiveness:

Moderate (impacts international travel)

How It Works:

HFS certifies cases with arrears >$2,500 to federal Office of Child Support Enforcement; State Department denies new passport applications or revokes existing passports

Limitations:

Limited to international travelers; emergency exceptions available

Lien on Real Property

Recording judgment lien against real estate owned by payor

Legal Basis:

735 ILCS 5/12-101

Effectiveness:

Long-term (collects upon sale or refinance)

How It Works:

Court enters judgment for arrears; judgment recorded with county recorder creating lien on any real property in that county; lien must be satisfied before property can be sold or refinanced

Limitations:

Does not generate immediate cash; only collects when property transactions occur; may be subordinate to mortgages

Credit Bureau Reporting

Reporting delinquent child support to major credit reporting agencies

Legal Basis:

305 ILCS 5/10-15

Effectiveness:

Moderate (reputational and credit score impact)

How It Works:

HFS automatically reports child support arrears to Equifax, Experian, and TransUnion when balance exceeds $1,000; appears on credit report as delinquent debt

Limitations:

Indirect enforcement; does not generate payment but may motivate compliance

Contempt of Court

Court proceeding seeking civil or criminal sanctions for willful non-payment

Legal Basis:

750 ILCS 5/509

Effectiveness:

High (threat of incarceration)

How It Works:

Petitioner files Petition for Rule to Show Cause; court orders payor to appear and explain non-payment; if court finds willful violation, may impose fines up to $500 per violation and/or jail time up to 6 months

Limitations:

Payor must have ability to pay (cannot jail for genuine inability); requires proof of willfulness; court costs and attorney fees

Enforcement Process Steps

Identify Arrears

Determine total amount owed (principal + interest at 9% per year)

Responsible Agency:

HFS Child Support Division or private attorney

Timeframe:

Ongoing calculation

Request Enforcement Action

Contact HFS or file motion with court requesting specific enforcement remedy

Responsible Agency:

Custodial parent or HFS caseworker

Timeframe:

Submit request when arrears accumulate

Notice to Payor

Payor receives formal notice of delinquency and opportunity to comply or request hearing

Responsible Agency:

HFS, court, or licensing authority

Timeframe:

30-60 days before most enforcement actions

Implement Enforcement

Execute chosen enforcement method (withholding, levy, license suspension, etc.)

Responsible Agency:

HFS, employer, bank, Secretary of State, etc.

Timeframe:

Varies by method (7 days to several months)

Monitor Compliance

Track payments and adjust enforcement as needed; may escalate to additional remedies if non-compliant

Responsible Agency:

HFS or court

Timeframe:

Ongoing

Penalties for Non-Payment

Financial Penalties

9% annual interest on all unpaid support (compounds annually)
Court costs and fees for enforcement actions
Attorney fees for opposing party in contempt cases
Credit report damage (reported after $1,000 arrears)
Tax refund intercepts (state and federal)

Civil & Criminal Penalties

Driver license suspension (>90 days delinquent or >$5,000 owed)
Professional license suspension (occupational/recreational)
Passport denial or revocation (>$2,500 arrears)
Contempt of court (fines up to $500 per violation)
Incarceration (up to 6 months for willful non-payment)

Frequently Asked Questions

Related Resources

Illinois Child Support Calculator

Calculate guideline support amount to understand expected payments

Child Support Formula Guide

Understand how Illinois calculates child support obligations

Child Support Modification

Learn how to request changes to an existing support order

How to File for Child Support

Step-by-step guide to establishing a new support order

References & Accuracy

Editorial Review

Last Reviewed: January 15, 2025

Next Review: July 15, 2025

Reviewed By: TheDivorceCalc Editorial Team

Primary Legal Sources

statute750 ILCS 5/505 – Child support calculation and enforcement
statute750 ILCS 5/509 – Enforcement of support orders and contempt
statute750 ILCS 5/706 – Income withholding for support
officialIllinois HFS Child Support Services – Official state enforcement agency

Internal Research: This page incorporates analysis of Illinois child support enforcement statutes, HFS enforcement procedures, and court contempt practices. For additional context, see our Formula Guide and Modification Guide.

Accuracy Statement: We update this content semi-annually to reflect changes in Illinois enforcement law and HFS procedures. Enforcement outcomes depend on individual circumstances. This information is for educational purposes and does not constitute legal advice. For case-specific guidance, consult a licensed Illinois family law attorney.