What is the punishment for child non-support in Illinois?
Full Question:
Five months ago, the Illinois family court ordered my son to pay child support to his child (who lives his ex-wife). Now he tells me that he never paid the child support amount. I am a bit worried about him now. Can the court punish him for not violating court’s child support order?
03/09/2017 |
Category: Minors » Child Support |
State: Illinois |
#33642
Answer:
750 ILCS 16/15 says:
“Failure to support
(a) A person commits the offense of failure to support when he or she:
(1) willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide the support; or
(2) willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $ 5,000, and the person has the ability to provide the support; or
(3) leaves the State with the intent to evade a support obligation required under a court or administrative order for support, if the obligation, regardless of when it accrued, has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $ 10,000; or
(4) willfully fails to pay a support obligation required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year, or is in arrears in an amount greater than $ 20,000, and the person has the ability to provide the support.
(a-5) Presumption of ability to pay support. The existence of a court or administrative order of support that was not based on a default judgment and was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
(b) Sentence. A person convicted of a first offense under subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A person convicted of an offense under subdivision (a)(3) or (a)(4) or a second or subsequent offense under subdivision (a)(1) or (a)(2) is guilty of a Class 4 felony.”
730 ILCS 5/5-4.5-55 states the punishment and fine:
“For a Class A misdemeanor:
(a) TERM. The sentence of imprisonment shall be a determinate sentence of less than one year.
***
(e) FINE. A fine not to exceed $ 2,500 for each offense or the amount specified in the offense, whichever is greater, may be imposed. A fine may be imposed in addition to a sentence of conditional discharge, probation, periodic imprisonment, or imprisonment. See Article 9 of Chapter V (730 ILCS 5/Ch. V, Art. 9) [730 ILCS 5/5-9-1 et seq.] for imposition of additional amounts and determination of amounts and payment.”
