For most deadbeat parents, failure to pay child support results in punishment such as wage deduction, criminal charges, suspension of a driver’s license, or being held in contempt of court. However, for Asim Taylor, 35, of Ohio, the buck doesn’t stop there. In response to Taylor’s arrearage of almost $100,000 in child support, a probation judge ordered that Taylor refrain from having children as a condition of his probation until the support has been paid.
Overcoming any Eighth Amendment issues which provide for citizens’ right to be free from cruel and unusual punishment, Ohio is not the only state that has upheld this unique punishment for an obscene arrearage in child support. Wisconsin also practices similar probation conditions in an effort to punish deadbeat parents and prevent further arrearage. While Illinois does not (yet) enforce a ban on having children as a probationary procedure for parents who owe child support, deadbeat parents in Illinois are nonetheless subject to serious consequences as well.
According to Illinois law, a deadbeat parent faces many consequences:
- Wage deduction. In the event that a parent refuses to pay child support, the court may order the child support payments to be withheld from the offender’s paycheck.
- Driver’s license suspension. If the deadbeat parent owes at least $500 or is 3 months behind on payments, he/she is subject to a suspending of license privileges.
- Criminal charges. Deadbeats who owe more than $5,000 or have not to paid child support for more than six months may be found guilty of a Class A misdemeanor. This offense results in up to 1 year of jail time. If the deadbeat owes more than $20,000, he/she may be guilty of a Class 4 felony, consequently facing 1-3 years in jail. Additionally, those who flee Illinois to escape child support responsibilities may be found guilty of a Class 4 felony if he/she is over 6 months behind or if he/she owes more than $5,000.
- Occupational license suspension. Upon action taken by a parent to whom child support is owed, the Illinois Department of Public aid may suspend or revoke an occupational license (i.e. license to practice medicine, law, beauty, etc.) of a deadbeat parent in the event that he/she is over 30 days delinquent.
- Publication of a picture and profile of the deadbeat parent online. If a parent owes more than $5,000 and has not made a payment in 90 days, his/her picture may be posted on www.deadbeatsillinois.com along with many other offenders.
For more information on child support, feel free to contact The Law Office of Bradley R. Tengler in Rockford, IL at 815-981-4859 for a free consultation. Please note, the above does not constitute legal advice. Please discuss your specific rights with an attorney in your own jurisdiction.