ILCS » Chapter 750 · Act 16
Illinois Compiled Statutes

750 ILCS 16/15 (2026)

Failure to support

✓ current as of May 2026
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(750 ILCS 16/15)
    Sec. 15. Failure to support.
    (a) A person commits the offense of failure to support when he or she:
        (1) willfully, without any lawful excuse, refuses to
    
provide for the support or maintenance of his or her spouse, with the knowledge that the spouse is in need of such support or maintenance, or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of support or maintenance and the person has the ability to provide the support; or
        (2) willfully fails to pay a support obligation
    
required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $5,000, and the person has the ability to provide the support; or
        (3) leaves the State with the intent to evade a
    
support obligation required under a court or administrative order for support, if the obligation, regardless of when it accrued, has remained unpaid for a period longer than 6 months, or is in arrears in an amount greater than $10,000; or
        (4) willfully fails to pay a support obligation
    
required under a court or administrative order for support, if the obligation has remained unpaid for a period longer than one year, or is in arrears in an amount greater than $20,000, and the person has the ability to provide the support.
    (a-5) Presumption of ability to pay support. The existence of a court or administrative order of support that was not based on a default judgment and was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
    (b) Sentence. A person convicted of a first offense under subdivision (a)(1) or (a)(2) is guilty of a Class A misdemeanor. A person convicted of an offense under subdivision (a)(3) or (a)(4) or a second or subsequent offense under subdivision (a)(1) or (a)(2) is guilty of a Class 4 felony.
    (c) Expungement. A person convicted of a first offense under subdivision (a)(1) or (a)(2) who is eligible for the Earnfare program, shall, in lieu of the sentence prescribed in subsection (b), be referred to the Earnfare program. Upon certification of completion of the Earnfare program, the conviction shall be expunged. If the person fails to successfully complete the Earnfare program, he or she shall be sentenced in accordance with subsection (b).
    (d) Fine. Sentences of imprisonment and fines for offenses committed under this Act shall be as provided under Articles 8 and 9 of Chapter V of the Unified Code of Corrections, except that the court shall order restitution of all unpaid support payments and may impose the following fines, alone, or in addition to a sentence of imprisonment under the following circumstances:
        (1) from $1,000 to $5,000 if the support obligation
    
has remained unpaid for a period longer than 2 years, or is in arrears in an amount greater than $1,000 and not exceeding $10,000;
        (2) from $5,000 to $10,000 if the support obligation
    
has remained unpaid for a period longer than 5 years, or is in arrears in an amount greater than $10,000 and not exceeding $20,000; or
        (3) from $10,000 to $25,000 if the support obligation
    
has remained unpaid for a period longer than 8 years, or is in arrears in an amount greater than $20,000.
    (e) Restitution shall be ordered in an amount equal to the total unpaid support obligation as it existed at the time of sentencing. Any amounts paid by the obligor shall be allocated first to current support and then to restitution ordered and then to fines imposed under this Section.
    (f) For purposes of this Act, the term "child" shall have the meaning ascribed to it in Section 505 of the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 91-613, eff. 10-1-99; 92-876, eff. 6-1-03.)

    
Notes of Decisions
Cited in 11 cases, 2006–2017 · leading case: People v. Wigod, 940 N.E.2d 202 (Ill. App. Ct. 2010).
Sort: Relevance Newest Treatment
People v. Wigod, 940 N.E.2d 202 (Ill. App. Ct. 2010). · cites it 14× “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: * * * (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
In Re Marriage of Miller, 879 N.E.2d 292 (Ill. 2007). · cites it 3× “See 750 ILCS 16/15(b), (d) (West 2004) (setting forth the applicable sentences and fines); 730 ILCS 5/5 — 8—1(a)(7) (West 2004) (“for a Class 4 felony, the sentence shall be not less then 1 year and not more than 3 years”).”
Express Valet, Inc. v. City of Chicago, 869 N.E.2d 964 (Ill. App. Ct. 2007). “On appeal, this court noted that under the Non-Support Punishment Act (750 ILCS 16/15(d) (West 2004)), the legislature had authorized a maximum fine of $25,000 for the criminal offense of a spouse’s willful failure to pay child support, and then observed that the $1,172,100…”
In re: Marriage of Miller, 860 N.E.2d 519 (Ill. App. Ct. 2006). · cites it 2× “See 750 ILCS 16/15(d) (West 2004). Thus, the $1,172,100 penalty imposed against the defendant in this case is approximately 47 times greater than the maximum criminal fine the legislature has found necessary to ensure a spouse’s compliance with a child support obligation.”
People v. Determan, 925 N.E.2d 227 (Ill. App. Ct. 2010). · cites it 4× “Determan, was charged on October 26, 2007, by an information filed in the circuit court of Clinton County, with a failure to support, in that he had willfully failed to pay, for more than six months, a support obligation ordered by a court and that he was in arrears in excess of…”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). “68, ¶ 15), which provided that “[t]he expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them”); see also 750 ILCS 16/15 (West 2014) (the unexcused failure to support one’s children is a…”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “68, ¶ 15), which provided that “[t]he expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them”); see also 750 ILCS 16/15 (West 2014) (the unexcused failure to support one’s children is a…”
People v. Wigod (Ill. App. Ct. 2010). · cites it 14× “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: *** (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
The Dep't of Healthcare & Fam. Servs. ex rel Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). “68, ¶ 15), which provided that “[t]he expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them”); see also 750 ILCS 16/15 (West 2014) (the unexcused failure to support one’s children is a…”
In re Marriage of Miller (Ill. 2007). · cites it 3× “See 750 ILCS 16/15(b), (d) (West 2004) (setting forth the applicable sentences and fines); 730 ILCS 5/5–8–1(a)(7) (West 2004) (“for a Class 4 felony, the sentence shall be not less then 1 year and not more than 3 years”).”
People v. Determan (Ill. App. Ct. 2009). · cites it 2× “Determan, was charged on October 26, 2007, by an information filed in the circuit court of Clinton County, with a failure to support, in that he had willfully failed to pay, for more than six months, a support obligation ordered by a court and that he was in arrears in excess of…”
— 750 ILCS 16/15(a)(2) — 2 cases
People v. Determan, 925 N.E.2d 227 (Ill. App. Ct. 2010). “Determan, was charged on October 26, 2007, by an information filed in the circuit court of Clinton County, with a failure to support, in that he had willfully failed to pay, for more than six months, a support obligation ordered by a court and that he was in arrears in excess of…”
People v. Determan (Ill. App. Ct. 2009). “Determan, was charged on October 26, 2007, by an information filed in the circuit court of Clinton County, with a failure to support, in that he had willfully failed to pay, for more than six months, a support obligation ordered by a court and that he was in arrears in excess of…”
— 750 ILCS 16/15(a)(4) — 2 cases
People v. Wigod, 940 N.E.2d 202 (Ill. App. Ct. 2010). “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: * * * (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
People v. Wigod (Ill. App. Ct. 2010). “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: *** (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
— 750 ILCS 16/15(b) — 4 cases
In Re Marriage of Miller, 879 N.E.2d 292 (Ill. 2007). “See 750 ILCS 16/15(b), (d) (West 2004) (setting forth the applicable sentences and fines); 730 ILCS 5/5 — 8—1(a)(7) (West 2004) (“for a Class 4 felony, the sentence shall be not less then 1 year and not more than 3 years”).”
People v. Determan, 925 N.E.2d 227 (Ill. App. Ct. 2010). “Determan, was charged on October 26, 2007, by an information filed in the circuit court of Clinton County, with a failure to support, in that he had willfully failed to pay, for more than six months, a support obligation ordered by a court and that he was in arrears in excess of…”
In re Marriage of Miller (Ill. 2007). “See 750 ILCS 16/15(b), (d) (West 2004) (setting forth the applicable sentences and fines); 730 ILCS 5/5–8–1(a)(7) (West 2004) (“for a Class 4 felony, the sentence shall be not less then 1 year and not more than 3 years”).”
People v. Determan (Ill. App. Ct. 2009). “Determan, was charged on October 26, 2007, by an information filed in the circuit court of Clinton County, with a failure to support, in that he had willfully failed to pay, for more than six months, a support obligation ordered by a court and that he was in arrears in excess of…”
— 750 ILCS 16/15(d) — 6 cases
In Re Marriage of Miller, 879 N.E.2d 292 (Ill. 2007). “See 750 ILCS 16/15(b), (d) (West 2004) (setting forth the applicable sentences and fines); 730 ILCS 5/5 — 8—1(a)(7) (West 2004) (“for a Class 4 felony, the sentence shall be not less then 1 year and not more than 3 years”).”
Express Valet, Inc. v. City of Chicago, 869 N.E.2d 964 (Ill. App. Ct. 2007). “On appeal, this court noted that under the Non-Support Punishment Act (750 ILCS 16/15(d) (West 2004)), the legislature had authorized a maximum fine of $25,000 for the criminal offense of a spouse’s willful failure to pay child support, and then observed that the $1,172,100…”
In re: Marriage of Miller, 860 N.E.2d 519 (Ill. App. Ct. 2006). “See 750 ILCS 16/15(d) (West 2004). Thus, the $1,172,100 penalty imposed against the defendant in this case is approximately 47 times greater than the maximum criminal fine the legislature has found necessary to ensure a spouse’s compliance with a child support obligation.”
People v. Wigod, 940 N.E.2d 202 (Ill. App. Ct. 2010). “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: * * * (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
In re Marriage of Miller (Ill. 2007). “See 750 ILCS 16/15(b), (d) (West 2004) (setting forth the applicable sentences and fines); 730 ILCS 5/5–8–1(a)(7) (West 2004) (“for a Class 4 felony, the sentence shall be not less then 1 year and not more than 3 years”).”
— 750 ILCS 16/15(d)(3) — 2 cases
People v. Wigod, 940 N.E.2d 202 (Ill. App. Ct. 2010). “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: * * * (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
People v. Wigod (Ill. App. Ct. 2010). “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: *** (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
— 750 ILCS 16/15(e) — 2 cases
People v. Wigod, 940 N.E.2d 202 (Ill. App. Ct. 2010). “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: * * * (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
People v. Wigod (Ill. App. Ct. 2010). “Section 15 of the Non-Support Punishment Act (750 ILCS 16/15 (West 2006)) provides: “(a) A person commits the offense of failure to support when he or she: *** (4) willfully fails to pay a support obligation required under a court or administrative order for support, if the…”
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