At Tommalieh Law our Chicago child support lawyers are committed to helping our clients achieve an agreement that is fair and that is able to meet the needs of both parents and children. It is important that parents understand that child support is not punishment for the parent that has the obligation to pay it nor is it a way for the parent receiving it on their child’s behalf to get a free ride. Meeting child support obligations is about doing what is best for the children's wellbeing.
One of the major concerns that recently divorced parents have is their children. The divorce process can take up a lot of time. It can be expensive, emotional, and even difficult for a family. Whether you are the custodial parent, if you share joint custody, with your ex-partner if you have visitation rights where you see your kids over the weekends or a few times in the year as a parent you want what is best for your child. When it is time for your child’s financial future to be decided it is important for you to have representation from a Chicago family law attorney and be active in the child custody proceedings so the security of your child is secured.
Which Parent Will Have to Pay Child Support After a Divorce?
Child support payments are put in place so the biological parent of the minor child owes a duty to support them. When there are minor children involved in divorce proceedings it is common for child support to be part of the divorce decree. Child support is normally paid to the custodial parent by the non-custodial parent.
The child support payments are made directly to the custodial parent. The payments are usually court-ordered and they are paid in a certain manner and increment. They can be paid weekly or monthly. They can also be paid via direct deposit or via check and it will depend on the needs of the parties involved. Indirect parties can occur when non-custodial parents are making payments to third parties that provide tuition or health care expenses.
The court system in Illinois does not disapprove of these kinds of child support payments. However, the law is clear on the amount that an individual is required to pay and it provided the parameters about the type of costs that are considered reasonable. The child support calculations are based on the net incomes of both parents.
Other things such as parenting time and parental responsibilities are also taken into consideration. The costs for child support are focused on what is the best interest of the child. According to Illinois laws, the costs can deviate from the set guidelines depending on the financial resources, educational needs of the child and their standard of living.
The unique situation surrounding the divorce and depending on whether you are the parent making the payments or receiving the payments will determine whether child support payments will be paid directly or indirectly. As the parent receiving the payment, it is important for you to consider both the negative and positive effects. There are individuals that may prefer for the non-custodial parent to make the payments directly so they can determine how every resource will be allocated to the child or children. Other custodial parents may prefer their ex-spouse to bear the burden of there being a possibility that expenses such as tuition and bills can increase in the future.
As the non-custodial making child support payments it is necessary for you to consider the flip side of things. If you are making indirect payments you going to be held responsible by a third party if you do not make timely payments. Direct payments can help you to avoid bearing the cost of an increase in the future. Every option has a pro and a con and it is essential for you to reach a compromise with the noncustodial parent so you can avoid a court order that will issues more complicated for you.
How Is Child Support Determined In Chicago?
The IMDMA (Illinois Marriage and Dissolution of Marriage Act) is there to provide the state minimum that Illinois courts use when they determine the amount of child support obligation that a non-custodial parent owes.
Generally, you will find that the amount of child support will be determined by the income of both parents, the number of kids that both parties have, how the parenting time has been allocated, and the standardized income table. Also, the child support obligations will partly depend on the amount each parent contributes to the income of the household during the time that they were married. Also, the courts will factor in how much time each parent can and will want to spend with the minor so they can determine how much each parent will owe in terms of child support.
Since courts in Illinois have begun to adapt to the new rules on child support it is the hope of many attorneys that child support cases can exercise more practicality and have fewer battles over income. As an example, if a parent particularly a mother has residential parenting time and is fighting the father of the child over visitation time the parties can agree to let the father look after the child as much as he wishes. In this scenario instead of the mother fighting the father over the time that he has with his minor kids the mother ends up saving time for herself as well and the money that she would have spent on childcare and the legal fees as a result of the court battle.
How Long Do You Have to Pay Child Support In Chicago?
A child support order should last until a child turns 18 and they turn into an adult. Even so, even if the child turns 18 years and they are still in high school when they turn 18 child support can be paid until they graduate from high school and turn 19. Many of the child support orders passed in court have a termination or expiry date. Even so, there are non-custodial parents that need to request a child support modification in order to terminate child support after the child becomes an adult.
As a parent that pays child support, you should not assume that your child support obligation ends when the child becomes an adult without confirming the date of termination. Not paying child support is considered to be a serious offense in Illinois.
Can You Modify Child Support Orders?
You cannot change child support payments without going to court. The amount of child support payments that you owe will only change when the judge enters a new court order that changes the set terms of the previous order.
Either of the parents can ask the court to modify or change the amount of child support payments. The amount can be reduced to $0 if there has been a substantial change in circumstances since the last child support order was enforced.
A substantial change is a big life change. It can be a change in the job situation of one of the parents that have affected their ability to earn an income.
Should You Get a Lawyer for Child Support?
There are several instances that child custody lawyer will come in handy;
- If the other parent has hired a lawyer.
- Modification of child support will be easier with a lawyer.
- You need a lawyer to help with your child support case.
- If your case is complicated it may be necessary to hire an attorney.
- If you need help from an attorney calculating child support.
Disputes that involve child support can be complex and very stressful. You may need to speak to a family law attorney that can help you understand the laws that revolve around child support in Illinois so they can give you the best solutions for your situation.
A child support attorney from Tommalieh Law that understands child support law can be that option for you when you get in touch with us.