Office of the State's Attorney - Patrick D. Kenneally

Child Support Enforcement

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The McHenry County State’s Attorney’s Office can, in some circumstances, prosecute non-custodial parents for failure to pay child support and aid custodial parents in obtaining restitution for the amount of child support in arrears.

Under the Non-Support Punishment Act, a person commits the crime of Failure to Provide for Minor Dependent(s) when he or she willfully fails to pay a support obligation required under court order if the obligation has been unpaid for more than 6 months or has an a arrearage of greater than $5,000. Failure to pay child support under these circumstances is a criminal offense that can be prosecuted.

The McHenry County State’s Attorney’s Office may be able to assist you by filing a criminal complaint against the non-custodial parent. Failure to Provide for Minor Dependent(s) is a criminal offense, punishable by law. This offense is a separate proceeding and is in no way related to your divorce case or to any other court order, and you are not a party to this case. If the Defendant is found guilty of Failure to Provide for Minor Dependent(s), a new order for restitution will be entered by the Court.  The payment schedule of restitution to be paid will be based upon the Defendant’s earning capacity. 

Due to the nature of the proceeding, we are unable to enforce visitation rights, custody, property rights, or any other matters covered by your divorce decree or paternity case.  The purpose of this proceeding is to enforce current child support payments and obtain restitution for the child support amount in arrears.

There are specific guidelines that the State’s Attorney’s Office must follow before they can proceed with a case in an attempt to enforce child support and collect arrearages. The three main guidelines are listed below:

  1. The person receiving the Child Support MUST live in McHenry County (If the person seeking the Child Support does NOT live in McHenry County, contact the State’s Attorney’s Office in your County of residence).
  2. The person paying the Child Support MUST live in the State of Illinois (If the person paying the Child Support lives in another state, contact the Illinois Attorney General’s Office for collection).

    Office of the Illinois Attorney General
    Northern Illinois Regional Office
    7230 Argus Drive
    Rockford, IL 61107
    (815) 987-7925
  3. The person receiving Child Support must NOT be receiving Public Aid or have received Public Aid from the time of the child’s birth to present. (If the Illinois Department of Healthcare & Family Services is involved, contact the Illinois Attorney General’s Office for collection).

    Office of the Illinois Attorney General
    Northern Illinois Regional Office
    7230 Argus Drive
    Rockford, IL 61107
    (815) 987-7925

For more information on the Illinois Attorney General’s Office, go to www.ag.state.il.us. If you meet the above guidelines for Child Support collection assistance from the McHenry County State’s Attorney’s Office, please call (815) 334-4027 for more information.

If you believe you are eligible for Child Support Services through the McHenry County State’s Attorney’s Office. You can access the Child Support Intake form here.

Please mail, fax or e-mail that form to the attention of Susan Rouse. If you have any questions about completion of the form, please contact Susan Rouse at 815-334-4159.

Mail: McHenry County State’s Attorney’s Office c/o Susan Rouse 2200 N. Seminary Avenue, Woodstock, Illinois 60098

Email: serouse@mchenrycountyil.gov

Fax: 815-337-0872

After completion of the intake form, an attorney will contact you with more information. Filing criminal charges is at the discretion of the attorney and will depend on the facts of each case.