Every child support case is different, which means the time it takes to finalize an order can vary. You might be wondering, “How long does it really take to get child support?” The truth is, the process depends on several factors, but the more information you provide upfront, the smoother things will go.
Working with an experienced Orland Park child support attorney can make all the difference. At Tommalieh Law, we’ll guide you step by step, explain your options, and fight to make sure your child gets the support they deserve as quickly as possible.
Don’t wait, call Tommalieh Law today at (708) 232-0017 to schedule your consultation and get the guidance you need.
What is Child Support?
Child support, sometimes called child maintenance, is a regular payment that one parent makes to help cover the costs of raising their child after a marriage or relationship ends. These payments are meant to ensure that children continue to receive the care, stability, and financial support they need, even when their parents are no longer together.
In most cases, it’s the non-custodial parent (the parent who doesn’t have primary physical custody) who makes child support payments. The money is usually paid to the custodial parent, caregiver, or guardian, the person primarily responsible for the child’s daily needs. Because finances can be a sensitive issue, the court has created a structured system to determine child support, helping ensure both parents share in the responsibility of supporting their child.
Locate Your Child's Other Parent
To get a court order for child support of a minor, both parents must be located in order to serve papers. However, there is no guarantee that they will be found, so the more detailed the records we have, the easier it will be for a child support office.
Determine Paternity
If you’ve been served with an Order to Show Cause for not paying past-due child support, you may have options to challenge the case. For example, you can request DNA testing to establish paternity, or provide marriage records showing that you and the other parent were legally married when the child was born, both of which serve as proof of paternity.
However, if you’re already legally recognized as the child’s parent, you won’t need to request additional proof of fatherhood. In that situation, your obligation to pay child support still stands and must be addressed.
Agreeing to the Terms of Child Support Payments
When parents reach an agreement through negotiation or mediation, an attorney will draft a formal document, often called a settlement, judgment, or decree. If child support is involved, the family court may issue it as an order. Child support agencies can also help, requiring documents like Social Security records, birth certificates, or even a genetic test if paternity is in question. Once support is set, enforcement methods such as wage garnishment may be used to ensure payments are made.
FAQ: How do I know my child support is being spent properly?
Before agreeing with a parent regarding custody and visitation rights, the court must first approve the agreement. The court will then determine whether the terms comply with state laws on custody and visitation. A formal court proceeding will take place at some point, but there may be an informal meeting first where the judge asks questions to ensure everyone understands the terms of the settlement.
If the judge is satisfied that the agreement is fair, then he/she will usually approve it during the child support agreement. The agreement is considered fair when the following are met:
- The divorce settlement was fairly negotiated.
- It was entered into willingly.
- They don't conflict with state laws.
Altering Child Support Payments
If either parent files for a modification of child support, the petition must usually be filed in the same county and state where the original judgment was entered. If one parent has since moved away, it’s best to consult an attorney to see whether the original court still has authority to make changes. To successfully modify a child support order, you’ll need to show a significant change in circumstances such as income, expenses, or custody arrangements since the last order was issued. Both parents will be required to submit financial affidavits and documents about their current income, assets, and debts, and the matter will typically be addressed during a court hearing. Filing without valid reasons can even risk creating a custody dispute.
After a parent requests a modification, the court will schedule a court hearing and notify both parties of the date. Each parent has the right to attend, present supporting documents, and explain why changes should or should not be made. The judge will review the evidence, including factors like income and health insurance coverage, and then decide if the request meets the Illinois child support guidelines. If the order is updated, payments are processed through the Illinois State Disbursement Unit. Both parents will receive a copy of the new order, and either may appeal the decision within a set timeframe.
Modification Agreements for Parents
Parents are free to agree on changes to child maintenance payments, but those agreements must be approved by the court before they become official. Without court approval, you could run into serious legal problems. For example:
- Even if you and the other parent agree to a lower amount, the paying parent is still legally responsible for the full amount ordered by the court. Any unpaid portion could trigger enforcement actions, especially if medical bills or other expenses are left uncovered.
- If payments are made through income withholding from an employer, the employer cannot adjust the deduction without a court order.
- If the paying parent voluntarily provides extra money or pays for something outside the order, the receiving parent cannot force them to continue those informal payments.
Only the court can approve a modification of child support orders, making changes legally binding, so it’s always best to formalize any agreement.
How Long Does It Take To Start Receiving Child Support Payments?
Typically, a person who is obligated to pay child support will send an Income Withholding for Support document to their employer. The employer will then have to comply within 14 business days of receiving the document. While there may be some delays, payments usually begin within 2–4 weeks.
It’s always a good idea to track your child’s child support services expenses so you know when they’re due. Keep in mind, though, you won’t always get reimbursed right away. If payments fall behind, the paying parent may build up child support arrears (also called support arrears), and the court can even add interest on child support that remains unpaid. In certain cases, you may be able to file an application for reimbursement.
FAQ: How do my child's special needs affect the amount of child support paid?
When deciding when to start receiving payments, you may also want to consider your own financial situation. If you’re in a rush to get your first child support payment, you can request that it start immediately rather than waiting for the next pay period. Your family law attorney can explain this child support process and guide you through each step to make sure you get the payments your child deserves.
How are Child Support Payments Decided?
Payments for child support are determined by several factors:
1. Income
At the start of every child custody case, both parents, including the noncustodial parent, must exchange and submit their incomes to the court. This includes:
- Recent W-2 forms
- Pay stubs showing hourly rates, salaries, hours worked, and tax exemptions
- Any other documentation showing income, such as overtime pay, tips and gratuities, IRA distributions, rental income, bonuses, commissions, or other earnings from all jobs
If a parent does not have a Social Security number, they must sign a "No Social Security Number Declaration."
For self-employed parents, the court reviews both personal and business tax records to determine if they earn enough to pay child support. The noncustodial parent is responsible for these payments, and if a judge finds they are intentionally unemployed or underemployed, support may be calculated using their potential earnings based on skills, education, and work history.
2. Dependents
Custodial parents who share time with their children may need to provide information about their dependents. If either parent has other children for whom they are legally required to pay child support, the court will consider this when deciding on other child support cases involving these parents.
3. Child-Related Expenses
Expenses like child care, education, clothing, food, transportation, medical bills, and more are factored in. To determine how much should be paid to the custodial parent, the court uses an algorithm that considers the total expenses incurred by the custodial parent. The court then calculates what portion of these expenses the noncustodial parent should cover and factors it into the payments.
4. Health Insurance Costs
If you pay for your child's health insurance premiums, you may receive a credit against your monthly obligation if you can prove that you’ve been making regular payments toward their health coverage.
What If The Other Parent Does Not Cooperate With Child Support?
If the other parent refuses to comply with a court order for child support, they may face serious consequences. A court order requires them to pay the child support owed. It may take some time to determine where they are employed, but once that information is found, the court may use income deduction from their wages to ensure payments are made and verify that they actually earned the money they claim. You may also be able to send a notice warning that failure to pay could result in imprisonment or other penalties.
If a parent does not follow through with their child support obligations under an agreed-upon parenting plan, they can be held legally responsible for any resulting financial penalties. You may take them to court to recover unpaid support. The CSEA (Child Support Enforcement Agency) processes paperwork as quickly as possible. However, if a parent refuses to cooperate with a child support enforcement agency, it can result in a long process and continued unpaid child support.
Contact an Experienced Child Support Attorney Today!
Reach out to Tommalieh Law: Family & Divorce Lawyers for a free case review. Our team can guide you through your child support case, explain the laws, and walk you through how the process works.
Whether you need help determining child support amounts, creating an agreement, or seeking a child support modification, our experienced attorneys are here to protect your rights and support your children’s best interests.
Being a single parent is challenging, but you don’t have to face it alone. Tommalieh Law is here to make the process easier. Contact us today!