Common Child Support Mistakes

 Posted on February 23, 2026 in Child Support

Issues of child support are often about more than money and can be very emotional for everyone involved. Mistakes may be made by both the party paying child support and the party receiving child support. Still, many of these common mistakes can be avoided with the assistance of a knowledgeable Wheaton, IL child support attorney who is able to provide realistic legal guidance.

In high-stakes child support cases, you need a dedicated advocate at your side. At Davi Law Group, we have received numerous honors for our hard work in family law cases, including recognition as a Leading Lawyer. Whether you are the custodial parent or not, we can stand up for your rights in disputes about support.

Six Child Support Mistakes to Avoid in 2026

Not Speaking With an Attorney Early Enough

Child support obligations may seem straightforward. However, like most laws, there are important exceptions and clarifications to every rule.

It is often in your best interests to speak with a skilled child support attorney as soon as possible to learn your rights and responsibilities. Moreover, since child support court orders typically remain in effect until a child turns 18 or graduates high school, the temporary expense of an attorney is often worth it in the long term.

Not Double Checking the Math

Illinois uses a somewhat complex mathematical formula to calculate child support. While the formula may seem impenetrable, it is not as difficult as it sounds. Illinois uses an income shares model to calculate child support. The guideline amount is based on both parents’ net incomes, the number of children, and how parenting time is divided.

Additionally, before agreeing to anything, you will want to double-check the math yourself (or have your attorney do it) to ensure mistakes have not been made in the calculation. The Illinois Marriage and Dissolution of Marriage Act provides specific guidelines about what you should include and deduct from the income level of the paying spouse.

Not Going to the Court After a Change in Circumstances

After a child support agreement is in place, there are limited circumstances in which you can later modify the agreement. The situations where you can make those changes include a "substantial change in circumstances." Whether something is a "substantial" change to warrant a modification is up to the court to decide.

Typically a drastic change in income will meet this requirement. For example, if the person paying child support loses his or her job through no fault of their own, and is unable to immediately find a new job, then those circumstances would usually qualify. Many times, people wait until they cannot pay at all before they go to court, but it can be beneficial to do it as soon as the circumstances change.

Withholding Parenting Time for Unpaid Support

One of the most damaging mistakes a parent can make is withholding parenting time because child support has not been paid. If the other parent is not meeting his or her financial duty, it can seem fair to respond by limiting access to the child. However, Illinois law treats child support and parenting time as two separate issues.

A parent cannot legally deny court-ordered parenting time simply because support is late or unpaid. Doing so may put that parent in violation of the parenting plan or court order. Judges take violations of parenting time seriously. Punishing a child by blocking time with a parent is not viewed as an appropriate response to financial problems.

If child support has not been paid, there are legal remedies available. A parent can file a petition to enforce the support order. The court may order wage withholding, intercept tax refunds, suspend driver’s licenses, or even hold the non-paying parent in contempt. These tools are far more effective than taking matters into your own hands.

Relying on Informal Agreements

Another common mistake is relying on side agreements that have not been approved by the court. Parents may agree to reduce payments, skip a few months, or adjust support because of a job loss. They may even put the agreement in writing. But if the court does not formally modify the order, the original amount is still legally owed.

Illinois child support orders remain in effect until a judge signs a new order. A verbal agreement does not change your legal obligation. Even a written agreement is not enough unless it is filed with the court and approved by a judge.

This can lead to serious problems later. A parent who believed payments were reduced may suddenly face thousands of dollars in back support. The other parent may claim that the full amount was always due. The court will usually enforce the written order, not the private understanding between the parties.

If circumstances change, the safer approach is to file a petition to modify child support as soon as possible. Courts can adjust support when there has been a substantial change in income or other relevant factors. Acting quickly can prevent large arrears from building up.

Forgetting About Interest

Many parents do not realize that unpaid child support can accumulate interest. In Illinois, interest may be added to past-due support. Over time, this can significantly increase the total amount owed. A missed payment may not seem overwhelming at first. However, as months pass, interest and penalties can turn a manageable debt into a major financial burden. The longer the balance remains unpaid, the harder it becomes to catch up.

Interest also limits your options in the future. Even if the other parent is willing to work out a payment plan, the court may still enforce the full amount owed. This can affect credit, tax refunds, and even employment opportunities in certain cases.

Contact a Wheaton, IL Family Law Attorney

If you have questions or concerns about child support obligations, the best thing you can do is to seek legal counsel. For legal help, get in contact with our DuPage County, IL child support lawyer at Davi Law Group. To schedule a free consultation, call our offices at 630-657-5052 today.