Child Support

In Illinois there are clearly defined guidelines for child support and courts take the enforcement of child support orders seriously. It is often helpful to consult an experienced child support attorney to learn your rights whether you are the person receiving support or the person making payments.

Child Support Basics

Parents are legally obligated to financially support their children until they reach the age of majority. In Illinois that age is 18 however there are circumstances under which support obligations can extend beyond age 18. Child support will be ordered even if the parent with primary custody is able to financially support the child or children or if the children live with someone other than the other parent or if the parents share custody,

Child support in Illinois is determined by a percentage of the paying parents income. Courts can deviate from the statutory guidelines if convincing proof is provided demonstrating a clear need to pay an amount other than that dictated by the guidelines.

Enforcement of Child Support Orders

The obligation to pay child support starts when an order is entered by the court requiring one parent to pay support. This can happen on a temporary basis while divorce proceedings are pending, when a final divorce order has been entered, or after establishment of paternity between non-married parents.

Child support payments are usually due on a specific schedule and can be automatically withheld from the paycheck of the person ordered to make the payments. Usually in Illinois the payments are made to an agency that then distributes the payments to the custodial parent.

Child support orders are usually enforced through state courts but in certain circumstances can be enforced by federal law. In Illinois courts can order parents who fail to pay child support payments to do a variety of things such as obtain employment to meet their child support obligations. In addition, the courts have the ability to take other measures such as suspending the drivers license of a non-compliant parent or put that person in jail until certain support obligations are met.

Modification of Child Support Orders

Child support orders can be modified at the request of either the parent paying support or the parent receiving support. Child support can be increased if the income of the parent making payments increases or for specific needs including medical bills, extracurricular activities of the child, or educational expenses.

Child support payments can be decreased if the income of the paying spouse decreases. In addition, in rare instances if the income of the receiving parent changes or if there are changes to any factors taken into account when an order deviating from support guidelines was entered.

Contact a skilled and compassionate DuPage County divorce lawyer at Mirabella, Kincaid, Frederick & Mirabella.