What Is Child Support?
Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of both financial and emotional obligations on behalf of parents in the effort to provide for their child’s or children’s physical, emotional and mental well-being(s). When a child’s parents get into a situation where they are no longer living together or they divorce, the child’s residential parent is entitled to support from the non-residential parent. Child support in Illinois is intended to offset the burden of child-related costs and maintain consistency in the children’s standard of living as they move between two homes. So, in a situation where one parent has less income or has the children a greater amount of time than the other, child support allows the parent to more easily accommodate the children’s needs. While the law may seem straightforward, seeking advice from a child support lawyer in Chicago is an important step to getting ensuring your child’s needs are covered. This Is Child Support Generally, child support may be used for expenses required to maintain a safe and decent home for the child(ren) and include:
This Is Not Child Support Child support is intended solely to support the children and therefore, a parent receiving support should not be using the money for their own clothing, entertainment, or other personal services such as dining out or a vacation without their child. Child support certainly should not be used to purchase products that are not intended for children’s use, such as alcohol, tobacco, tattoos, and firearms. In the event that the receiving parent has money left over in a given month, the parent should save the money and apply the savings and interest towards a future need of the child. In all cases, however, the parties should review their parenting agreement and consult with an attorney to clarify any other stipulations about which parent is responsible for what, and what other expenses might be considered child support. Who Is Responsible For Child Support In Illinois? Prior to July 1, 2017, Illinois’ child support calculations were primarily determined by the income of the parent who was going to owe payments and the number of minor children belonging to the parties (the obligor). Illinois Child Support Old Law Illinois child support law has traditionally been calculated by taking the obligor’s net income (gross income, minus taxes and other deductions), and applying a certain percentage based on the number of minor children, for example. The Illinois Marriage and Dissolution of Marriage Act ( IMDMA) guidelines required that from his/her net income, a support-paying parent must pay twenty percent (20%) for one child; twenty-eight percent (28%) for two children; thirty-two percent (32%) for three children; forty percent (40%) for four children; forty-five percent (45%) for five; and fifty percent (50%) for six plus children to the other parent (the oblige). Net income is determined after making deductions for taxes, social security, retirement contributions, health insurance and any other deduction permitted under state law. Illinois Child Support New Law Under the new Illinois child support law, both parents’ incomes are considered when calculating support. Thus, child support is calculated based on the combined net incomes of both parents. The old method of using flat percentages based on the number of children is no longer being used. Instead, child support is now calculated as follows:
How Does The Court Determine The Amount Of Child Support The Paying Parent Is To Pay? The contribution methods of the new model is explained below. The portion of the support owed by the parent with whom the child lives with is assumed to have been paid by the new model due to the assumed costs of upkeep for the child and the child’s residence. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides state minimums that Illinois courts use when determining the amount of child support obligations a parent owes. Generally, the amount of child support is determined by a standardized income table as well as the number of children born to the parties, the incomes of both parents, and the allocation of parenting time. Child support obligations will depend, in part, on how much each parent contributed to the combined household income while married, and the courts will also factor in how much time each parent can and wants to spend with the child in deciding how much each parent owes. As the courts have begun to adapt to the new rules, many attorneys are hoping that child support cases can become less of a battle over income and more of an exercise in practicality. For example, under the new calculations, a mother with residential parenting time who is fighting with the father over visitation time, could agree to let the father look after the kids more often as he wishes. In this situation, instead of fighting the father over the length of time he has with the children, she is saving time for herself and the money she would have been spending on legal fees and childcare. Child Support in Illinois Is Still Decided For the Best Interest of the Child Illinois courts will sometimes order child support payments that deviate from the state minimum requirements if the court finds deviating to be in the best interest of the child(ren). The court will use several factors to determine the best interest of the child, including:
Once an order of child support is entered, the order may only be modified if a court finds that a change in circumstances warrants a modification. Further, an order for child support will terminate upon the child turning eighteen years old or upon graduation from high school if the child turns eighteen and is still in high school. However, child support will usually not be ordered past the nineteenth birthday of child. It is important for parents to keep in mind child support is an independent obligation and should be preserved despite other problems which may arise between parents, such as disagreements regarding visitation. Contact Jessica Marshall about this topic or any other Child Support or Illinois family law concerns. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/blog/child-support-in-illinois/
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