If you are going through a divorce involving children, it is very likely you have questions about the child support definition and how it works. In Illinois, child support is an obligation payable by one parent to the other to ensure that a child receives the financial support he or she needs after his or her parents part ways.
In Illinois, child support is meant to help cover the basic expenses associated with raising a child – such as food, clothing, and shelter. Over and above this obligation, Illinois courts can further order a split of expenses for a child as it relates to the child’s education, medical needs, extracurricular activities, and religious expenses.
How to start receiving child support
To start receiving child support, a parent must file a petition with the Court requesting child support be put in place. From here, the Court may order an exchange of Financial Affidavits between the parties, to be used to determine each party’s income, and may hold a hearing to put in place a temporary and/or permanent child support order. Temporary child support is child support payable while a family law case pends—the time before the divorce is final. Permanent child support is child support payable after the divorce is final.
Temporary child support can also be negotiated between the two divorce attorneys or in the mediation process. The amount agreed upon is then presented in court for a judge to approve and enter the order.
Child support can be either paid directly by the payor to the payee, or automatically deducted from the payor’s paycheck and transferred to the payee through the State Disbursement Unit.
How to calculate child support
Child support is generally payable to the parent who has the child the majority of the time. It is calculated using the Income Shares Model in Illinois. This Model considers each parent’s income and each parent’s number of overnights with the child per year, and produces a guideline child support figure. The parents can agree, or the court can decide, to deviate from this guideline child support calculation based on the needs of a child.
It is important that the negotiation of overnights not be financially driven. While child support is impacted by the number of overnights each parent has, parenting time schedules, including overnights, should be arrived at based on the best interest of a child. This takes into account a child’s age, the proximity of his or her parents, the school and activity schedules of the child, and more. The best divorce outcomes are those where the parents put their children first and determine overnights and a parenting schedule based on what is best for their children.
It is also important to remember that child support is an obligation owed to a child. Parents cannot decide to “waive” child support in their case. While the payor may not like the feeling of paying his or her ex, this money is to ensure their child has his or her basic needs met in both homes.
How to modify child support
It is also important to know that child support is modifiable, typically when there is a substantial change in one or both parents’ incomes and/or parenting time schedules. This, however, is not automatic – if modification is needed, the parents must either enter an agreed order with the court, or motion the court for modification.
How to terminate child support
Child support generally terminates when the child has turned 18 or has graduated high school – whichever comes later. This is not always automatic. Depending on the language of the order, the parents may have to have to enter an agreed order with the court, or motion the court for termination.
How to enforce child support
Child support orders can be enforced by the Court – if the obligated parent fails to pay child support as ordered, the Court can order for that parent’s income to be garnished, can suspend that parent’s license, or can put in place other legal penalties.
In closing, child support is one of the only factors in a divorce case that is cut and dry, meaning there is a specific formula to determine the appropriate amount that is often adhered to in divorce cases. That said, every situation is unique, which is why it is important to consult with your trusted family law attorney to determine the best course of action for your family.
Colleen M. Breems has focused her legal career in matrimonial and family law since its inception. With a devotion to serving individuals in family transition, it is her calling to provide zealous advocacy for her clients, whether it is through skilled and commanding litigation in the courtroom, or in forming practical and creative solutions tailored to meet a family’s individual needs at the settlement table.
Ms. Breems’ practice includes dissolution of marriage and parentage proceedings involving the issues of parental responsibility, support, parenting time, property division, post-decree matters, prenuptial and postnuptial agreements, and orders of protection related to civil litigation. Ms. Breems also has experience in adoption and minor guardianship matters.
Ms. Breems strives to ensure the client feels seen and heard through every step in a case. Ms. Breems understands that there is no “one size fits all” approach to meet a client’s needs, and she therefore provides experienced and creative solutions to meet the unique and individual needs of the client. A dedication to basing her representation in empathy, compassion, encouragement, and empowerment sets her apart.
In addition to serving her adult clients, Ms. Breems also passionately represents children and is frequently appointed by Judges in Cook County to serve as a Child’s Representative or Guardian ad Litem in matrimonial and family law cases. Ms. Breems is also a trained mediator and parent coordinator.
