When parents separate, the children’s quality of life can be significantly affected. The purpose of child support is to ensure that the parents continue to share the task of financially providing for the children and meeting their needs. It’s an important role. That’s why we’re observing Child Support Awareness Month this August.
Here’s what Illinois parents need to know about how child support works and what to do if something goes wrong.
How is child support calculated in Illinois?
Illinois uses an income shares formula to determine the amount of child support to be paid. When calculating child support, Illinois courts use the following steps:
- Determine each parent’s “net income,” then add them together to compute the combined net income.
- Determine the percentages of the combined net income represented by each parent’s individual net income.
- Determine the basic child support obligation based on the combined net income.
- Use the calculated percentages to determine each parent’s child support obligation.
The non-paying parent is assumed to already be spending their percentage on the children. The paying parent must pay their child support obligation to the non-paying parent.
Illinois courts do have a degree of discretion when determining the cost of raising a child. They can take into account housing, food, transportation, medical expenses, extracurricular activities, and more, as well as any extraordinary circumstances. They can also order additional child support if needed to serve the best interests of the child.
What if I need to change my child support?
It’s common for child support obligations to change, either because one or both parents had a change in income, or because the needs of the children have changed. If you need to modify your child support, you have to go back to court and petition the court to change your child support obligation. The court will determine the new support obligation using the same criteria as the original calculation, applied to the new evidence and circumstances.
Remember, in most cases, any court order modifying your child support will be effective as of the day you filed the petition, not retroactive before that date. So, if your child support needs to be changed, it’s usually in your interest to go to court as soon as possible. Talk to a family law attorney right away.
What if the other parent isn’t paying their child support?
If you are supposed to be receiving child support and the other parent isn’t paying, you may be tempted to retaliate by withholding visitation or taking similar actions to punish them. Do not do this without talking to an attorney first. Just because the other parent isn’t paying their child support does not release you from your obligations under the divorce decree. Continue to follow the terms of your divorce until and unless you get legal advice to the contrary.
Instead, what you can do is ask the court to enforce the child support order. You may be able to have your ex-spouse held in contempt of court if they continue to refuse to pay. Again, talk to an attorney about your options first.
If you are dealing with child support issues, get legal advice
Child support can be incredibly emotionally fraught and have a significant effect on your financial future. You don’t need to navigate child support issues on your own. If you are going through a divorce with children or are dealing with child support problems post-divorce, talk to the experienced family law attorneys at Courtney Clark Law, P.C. today.