When a couple with children decides to separate or divorce, one of the most important decisions they need to make is regarding child support. In Illinois, child support is governed by specific laws that ensure the well-being of the child is prioritized and both parents fulfill their financial obligation. Here’s a comprehensive guide to Illinois child support laws.
How is child support calculated?
The Illinois Department of Healthcare and Family Services follows the "Income Shares" model for determining child support. This model takes into account the gross income, i.e., income before taxes, of both parents, uses a set of guidelines based on the number of children involved, and considers other expenses such as healthcare, child care, education, and extracurricular activities. The amount of child support is usually paid by the non-custodial parent to the custodial parent.
How long does child support last?
In Illinois, child support must be paid until the child turns 18 or graduates from high school, whichever is later, but not beyond age 19. Child support may also be extended if the child has a physical or mental disability, and the non-custodial parent has a continuing obligation to support the child. In such cases, the court may order child support to continue indefinitely or until the child becomes self-sufficient.
Who pays child support?
According to Illinois law, both parents have a legal obligation to support their child financially. However, the non-custodial parent, i.e., the parent who spends less time with the child, is typically the one who pays child support to the custodial parent. In some cases, both parents may share custodial responsibility, in which case, the court may divide the child support obligation based on each parent’s share of parenting time.
Can child support be modified?
Yes, child support orders can be modified if there is a significant change in circumstances that affects the financial needs of the child or the ability of the non-custodial parent to pay. Examples of such changes may include a job loss, an increase or decrease in income, a change in residence or employment, or an increase in the child’s needs. The party seeking a modification must file a motion with the court and provide evidence of the new circumstances.
What happens if child support is not paid?
Failing to pay child support is a serious offense in Illinois. The custodial parent can seek enforcement of the child support order through the Division of Child Support Services or hire an attorney. The non-custodial parent may face legal consequences such as wage garnishment, interception of tax refunds, suspension of driver’s or professional license, and even jail time. It is important that both parents understand their legal obligations and prioritize their child’s financial needs.
Conclusion
Illinois child support laws are designed to ensure that both parents fulfill their financial obligation towards their child. Child support may be calculated based on guidelines that consider the income of both parents and other expenses related to the child’s well-being. Child support may be modified by the court if there is a change in circumstances. Failure to pay child support may result in legal consequences. It is essential that both parents seek legal counsel and work together in the best interests of their child.