When a custodial parent has not received support, a call must be made to DCSE. You do not contact the State’s Attorneys Office. DCSE will review the case and decide if administrative remedies are appropriate or if judicial enforcement is warranted. DCSE may use administrative collection tools:
Intercept state and federal income tax refund checks
Intercept lottery winnings
Withhold unemployment benefits
Place liens on property
Seize bank accounts
Place holds on passports, professional license and federal payments
In most cases, DCSE sends a referral to the State’s Attorney's Office (SAO) for enforcement. The SAO will file a Rule to show cause. In the event the non-custodial parent (NCP) fails to appear on the day of hearing, a body attachment will be issued for his/her failure to appear. If the NCP appears for the hearing and the judge finds the NCP failure to pay was contemptuous, the NCP could be sentenced up to 6 months in jail. The NCP will be given a “purge”–the amount of money that must be paid to get out of jail. If the NCP pays the purge, the sentenced does not have to be served.