Illinois Child Support Lawyers

Illinois has enacted legislation to protect children. Child support rules, for example, are intended to ensure that both parents support children.

What Exactly Is Child Support?

Child support is a payment provided by one parent to the other parent for the benefit of their child or children, as determined by the court. Illinois child support rules specify the amount of payment depending on custody, how much time the child spends with each parent, and their income and finances.

Child support payments are frequently issued against the parent who does not have primary physical custody of the child or who resides with the child less than half the time.

Why Is Child Support Required?

The goal of child support is to provide for the child even if they do not reside with both parents. Raising children is costly, and both parents are financially accountable for their children. Child support is required to ensure that both parents meet their financial obligations to the child.

Child support payments are designed to cover the costs of raising a child. Food, shelter, clothing, medical care, health-related expenses, and educational expenses are a few examples.

Both parents are responsible for financially supporting their children. Mandatory child support is a way for the court to ensure that non-custodial parents contribute to their children’s needs. Mandatory implies that assistance is required by law.

The parent who is compelled to pay cannot avoid their commitment, and the parent who has physical custody of the children cannot refuse to accept the child support payments ordered by the court.

Who is Required to Pay Child Support?

A non-custodial parent is obligated by Illinois law to pay a minimum proportion of net income.

The percentage rises as the number of children grows. A non-custodial parent, for example, must contribute 20% of their net income to support one kid. If there are four children, the non-custodial parent must contribute at least 40% of their net income to support them. The percentage will climb in lockstep with the number of offspring.

Unless certain requirements are met, a court will apply these statutory minimums. A court may increase or lower the percentage based on the following factors:

• The kid’s and the custodial parent’s financial resources and needs;
• The standard of living the child would have had had the parents remained together;
• The child’s physical, emotional, and educational requirements; and
• The non-custodial parent’s financial resources and needs.

How Do You Request Child Support?

A parent in Illinois can file for child support through the Division of Child Support Services of the Illinois Department of Healthcare and Family Services (DCSS).

The DCSS assists custodial parents in the following ways:

• Locating the parent who does not live with the kid;
• Establishing paternity (determining who the child’s father is);
• Obtaining a child support order (which may include a health insurance order);
• Collecting payments on an established child support order;
• Modifying established child support orders; and
• Collecting past-due child support.

What Happens If You Do Not Pay Child Support?

Illinois has chosen to pass the Non-Support Punishment Act, which imposes harsh penalties on people who refuse to pay child support.

A parent who fails to pay child support may face the following penalties under the Non-Support Punishment Act:

• Fines (which increase depending on the amount owed and the length of time since the payment was due)
• Wage garnishment
• Imprisonment (courts generally choose not to imprison non-paying parents because imprisonment ends the ability of that parent to begin payments again, but it is an option in certain circumstances).

How is the Child Support Amount Determined?

In Illinois, there are rules for calculating each case’s child support payment. The court determines the amount of support payments based on the unique circumstances of the parents who will be paying. The guidelines will normally provide the court with a range, and the judge will then be able to order an amount within that range.

In some circumstances, judges have a great deal of leeway in establishing the ultimate amount, while others require the court to adhere to very rigid rules.

Each situation must consider certain criteria when calculating the final child support obligation. Typically, these elements include:

1. The child’s specific needs include healthcare and medical bills, schooling, childcare, and other special demands.
2. How many children the parent is expected to support,
3. The income of the custodial parent in comparison to that of the other parent.
4. The non-custodial parent’s ability to pay.

In the event of divorce, the court may consider the child’s standard of living prior to the divorce or separation.

Each parent will be expected to submit financial information to the court as part of the process.

This is typically presented in the form of a financial statement that details all monthly income and expenses. The court calculates the amount of child support owed each month using income information and the amount of time each parent spends with the kid according to any custody arrangement and visitation schedule, as well as a child support calculator.

What Can the Other Parent Do If You Don’t Pay Child Support?

Contacting a local child support lawyer is an excellent way to learn about your rights and alternatives under Illinois’ child support laws. An experienced lawyer can advise you on whether you can file a civil court suit or use other private strategies to obtain much-needed child support.

How Do You Get Out of Paying Child Support?

There are very few circumstances in which a parent who pays child support will no longer be required to do so until the child reaches the majority age. You may no longer be required to pay child support if you can demonstrate that the child is not yours. Contact a local child support lawyer if you believe you should no longer be paying child support.

Particular measures must be completed in order to minimize or eliminate your child support obligations. You may face hefty penalties and fines if you skip these steps and simply stop sending child support.

What Are Some Other Child Support Considerations?

The court may consider any relevant information when determining a parent’s support duty. The court will often begin by looking at each parent’s gross income. Still, it will also consider taxes, social security deductions, healthcare payments, union dues, mandatory professional license fees, and any other child support obligations the parent may have.

Increased considerations may include additional fees incurred by one parent for their own education or financial commitments for elderly or disabled family members. In addition to their income or pay, the court may take into account bonuses or commissions obtained.

Some courts may not stop at income considerations. In some cases, the court may weigh a parent’s ability to earn against their actual wages.

For example, a parent who earns $50,000 but has the potential to earn $100,000 may be required to pay child support based on the larger sum. This is to prevent non-custodial parents from purposefully remaining unemployed in order to reduce their support obligation.

Where Can You Find a Good Lawyer?

Contact your local Illinois child support lawyer now to explore your rights and alternatives under Illinois law if you need assistance requesting or adjusting child support.