In any divorce involving children, the question of child support is crucial, and you need to be aware of recent changes in child support legislation in Illinois. As child support attorneys in Rockford, Il, in the following paragraphs we’ll explain to you a number of the provisions of the Illinois Child Support laws, including recent revisions made to those laws.
The basics of child support in Illinois
Under Illinois law, both parents have an obligation to provide for the financial support of their children, and the income of both parents is used in determining the amount that the non-custodial parent must pay to the custodial parent. And only one parent will be required to pay child support to the other parent.
Child support payments are to be used to provide a stable home for the children of divorced parents, and some of the expenses associated with that support include:
- The cost of housing, either rent or a mortgage
- The cost of utilities
- Educational expenses
- Medical expenses
- The cost of food
On the other hand, it’s essential to remember that child support payments made by one parent to the custodial parent are not to be used to pay the custodial parent’s personal expenses. Payments are to be used solely for child support.
Finally, if a parent fails to meet their court-ordered obligation, that parent may be subject to contempt proceedings.
Factors involved in determining child support
A number of factors are used to calculate the amount of child support the non-custodial parent will pay to the custodial parent including:
- Each parent’s net monthly income, after deductions for federal and state taxes, insurance premiums for dependents, necessary medical expenses, etc.
- The combined net monthly income of both parents.
- The essential support needed, based on the parents’ net income and the number of children involved.
A determination of each parent’s share of the basic percentage of the Illinois Child Support Obligation.
Based on these factors and calculations, the non-custodial parent will pay the custodial parent the percentage amount. The custodial parent’s share is assumed to be used in support of the child or children, so they keep their share of the Child Support Obligation.
Exceptions to the guidelines for child support in Illinois
Child support in Illinois is determined through application of the statutory child support guidelines we’ve briefly summarized, but Illinois courts will sometimes depart from these guidelines. This departure can occur if the court finds that the application of the guidelines would somehow be unjust, unfair, inequitable, or in some way not in the child’s best interests.
- The factors that sometimes lead the court to depart from the traditional guidelines include:
- The child’s emotional and financial wellbeing.
- The education needs of the child, including special education.
- Extreme medical expenses of the parents.
- The lifestyle children would have enjoyed If there had not been a divorce.
- The travel expenses involved for visitation, as well as other recurring costs.
Modifications of child support
Once an Illinois court has entered an Order for Child Support, that decision is final and can be modified only if there has been some substantial change of circumstances that was not apparent when the order was initiated. Child support ends when the child is18 years of age, or 19 if the child was still in high school when they turned 18.
Crosby & Crosby Law – Your child support attorney in Rockford, IL
It is obvious from this summation we’ve provided that many factors and considerations go into determining child support in Illinois. If you have a pending divorce and there are children involved, or if you believe a previous court order for child support needs revision, you should secure the assistance of child support lawyers.
At the law office Crosby & Crosby, we have extensive experience dealing with all matters related to child support, as well as child custody, and we urge you to contact our law firm to schedule your free initial consultation.