Child support and spousal support debt basics

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Child support and spousal support debt basics

Child support and spousal support debt basics

A picture of a gavel on top of a law book about child support

If you owe child support or spousal support in Illinois, the rules are very different from regular debt. This page explains what makes this kind of debt special and gives you other resources to learn more.

This debt is difficult to avoid

Even if you can’t pay child support or you file for bankruptcy, you still owe it. In most cases, the court cannot erase past-due child support. There is no time limit on collecting this kind of debt.

Spousal support (also called alimony) works a little differently. It is also hard to erase and often cannot be wiped out in bankruptcy.

The government can automatically collect from you

If you owe child or spousal support, the Illinois Department of Healthcare and Family Services (HFS) or the other parent can collect in many ways:

  • Take money from your paycheck (wage garnishment)
  • Take your tax refund or stimulus check
  • Take your driver’s license or passport
  • Put a lien on your house or property
  • Report you to credit agencies
  • Take you to court and ask the judge to send you to jail if you don’t pay

Private collection agencies can also try to collect the debt and may contact your job or family.

What you can do

If you’re behind on support, don’t wait. You might be able to:

  • Ask the court to change the payment amount (called a modification)
  • Make a payment plan
  • Talk to a lawyer or legal aid group for help

Learn more

Last revised by staff
August 8, 2025