Chicago divorce lawyer Russell Knight releases a new article (https://rdklegal.com/can-you-go-to-jail-for-not-paying-child-support-in-chicago-illinois/) explaining whether someone can go to jail for not paying child support in Illinois. The lawyer mentions that there is a possibility for someone to go to jail for not paying child support. However, it may take a while. Child support is a court order that must be followed just like any other order from the court. Not paying child support means that the order is violated.
“The parent who receives the child support can file a petition for rule to show cause the obligor not be held in contempt of court for failure to pay child support. This is essentially asking the court to hold the child support payor in contempt of court for failure to pay support,” says the Chicago divorce lawyer.
The lawyer explains that the Cook County State’s attorney can also file the same motion on behalf of the child support receiver. It may seem like the county state’s attorney is prosecuting the individual for not paying the child support. However, having the other parent file for a petition can send someone to jail the same way as the Cook County State’s attorney can.
Attorney Russell Knight says that when a petition is filed, a court date will be set and the court will announce that “the rule shall issue”. At that moment, the burden to prove that the alleged violator is not in violation shifts from the accuser to the accused.
In the article, attorney Knight says that the alleged violator is presumed to have violated the order and must show that they did not do so. Petitions for rule use many languages that are strange and they make the process seem unclear.
According to the divorce lawyer, “For example, proving that you could not pay the child support because you were out of work and not able to find work is enough to keep you from being held in contempt of court for not paying child support. The best way to prove that you did not violate a child support order on purpose is to have paid at least some of the child support. If you owe $ 500 and you paid $ 100, it looks like you are not simply refusing to pay child support.”
Lastly, the divorce attorney emphasizes the importance of having a skilled lawyer when it comes to matters such as child support and child custody. It is important to speak with the lawyer first before hiring them to ensure that they will be able to help with the case.
About The Law Office of Russell Knight
The Law Office of Russell D. Knight was established in 2009 by the divorce attorney Russell D. Knight. The lawyer’s love for family law is demonstrated by the numerous articles personally written by the lawyer. Russell is a licensed lawyer throughout Florida and Illinois. The attorney has a legal practice in both states and employs an entire staff of paralegals and attorneys in the two states of Chicago, Illinois, and Naples, Florida. Contact them today at (773) 334-6311.
SOURCE: Press Advantage [Link]
The Law Office of Russell D. Knight is a family law and divorce law firm dedicated to guiding clients through their divorces both in and out of the courtroom.