Whether you are the custodial parent seeking support or the non-custodial parent with support obligations, whether you're facing a modification of existing support or establishing support for the first time, whether your financial circumstances have changed or remain stable, there is one common theme among all child support matters: ensuring your child's best interests are protected while navigating complex legal requirements. Under these circumstances, it can be easy to misunderstand your rights and responsibilities or to agree to arrangements that may not serve your child's needs or your financial situation appropriately. A family law attorney in IL will ensure you understand the child support process and that any agreements or court orders are fair and consider both your child's welfare and your legal rights.
At Katherine L. Maloney & Associates, LLC, our family law attorneys in Plainfield help clients understand what's at stake in child support matters. Some of the most common questions asked are answered here for you. We know that informed parents make better decisions for themselves and their children. If you want specific answers that relate to your unique situation, contact us online or at 815-556-2057 to schedule a Free Consultation.
1. Are there guidelines for child support amounts in Illinois?
Yes. Illinois uses an "income shares" model that considers both parents' net incomes, the number of children, and if there is shared parenting, the amount of overnights each parent has with the children. The court determines each parent's proportionate share of the combined income and applies it to the basic child support obligation.
2. What income is considered when calculating child support?
All sources of income are considered, including wages, bonuses, commissions, self-employment income, rental income, investment income, unemployment benefits, and disability payments. The court looks at gross income before deductions for taxes and other expenses. Any inheritance received may be considered when calculating child support.
3. Can child support be modified after it's ordered?
Yes, child support can be modified if there's a substantial change in circumstances, such as a significant change in income, changes in parenting time, or changes in the child's needs. The change must be substantial and continuing, not temporary.
4. What are "add-on" expenses in child support?
Add-on expenses are costs beyond basic support, such as unreimbursed medical expenses, childcare costs, and extracurricular activities. These are typically shared between parents in proportion to their incomes.
5. What happens if a parent doesn't pay child support?
Non-payment of child support can result in wage garnishment, asset seizure, driver's license suspension, passport denial, credit bureau reporting, and even jail time.
6. How long does a parent have to pay child support in Illinois?
Child support typically continues until the child reaches age 18 or graduates from high school, whichever is later, but not beyond age 19. Support may continue longer if the child has special needs or is pursuing higher education under certain circumstances.
7. Can child support be paid directly between parents?
While parents can agree to direct payments, it's risky because there's no official record of payment. All child support should go through the Illinois State Disbursement Unit to ensure proper documentation and credit.
8. What if the paying parent loses their job?
The paying parent should immediately file a petition to modify child support based on the change in income. Unemployment doesn't automatically stop the child support obligation, and unpaid amounts will accumulate as arrearages.
9. Are stepparents responsible for child support?
Stepparents generally have no legal obligation to pay child support for their stepchildren. However, if a stepparent legally adopts the child, they become fully responsible for support.
10. Can child support be waived by the receiving parent?
Parents cannot completely waive child support because it's considered the right of the child, not the parent. However, parents can agree to deviations from the guidelines, such as reserving child support for when it is needed, with court approval.
