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There have been no significant updates to Illinois Child Support Laws for 2023. This article will discuss Illinois Child Support Laws and explain the new Illinois Child Support Laws effective January 1st, 2022, which requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.
There have been no significant updates to Illinois Child Support Laws for 2023. This article will discuss Illinois Child Support Laws and explain the Illinois Child Support Laws that went into effect on January 1st, 2022, which requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.
What is Child Support in Illinois?
In Illinois both parents have a duty under the law to financially provide for their child or children. Both parents’ financial income is utilized in calculating the child support obligation payment that the paying parent (non-custodial parent) must pay to the receiving parent the (custodial parent).
In Illinois either parent may be ordered to provide for health insurance and child support, but only one parent will have to pay child support to the other parent.
In Illinois Child Support can be paid on a weekly, bi-weekly, semi-monthly, or monthly basis by the paying parent to the receiving parent.
Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:
- The child’s residence expenses such as mortgage or rent.
- Utilities such as electricity, gas, and water.
- The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
- The child’s food expenses.
- The child’s medical expenses.
Child support should not be used by the payee parent for their own personal expenses, this is improper.
How Is Basic Child Support Obligation Computed In Illinois Applying The Illinois Guidelines?
In Illinois child support is calculated using the Income Shares model this will calculate child support from one spouse to another based on the combined net income of both parents the process is explained here:
- Figure out each parent’s net monthly income.
- Combine each parent’s net monthly incomes, this number is both of the parent’s combined net monthly income.
- Look at the schedule of basic support obligation based on the parents’ combined net monthly income and the number of children between the parents.
- Compute each parent’s individual share of the percentage of the basic Illinois Child Support Obligation.
- The payor parent will pay to the payee parent the percentage amount. The payee parent’s share is automatically assumed to be spent on the child or children, so the payee parent keeps their share of the child support obligation.
Departing From The Illinois Guidelines For Child Support
In Illinois child support is awarded by applying the Illinois statutory child support guidelines. The Illinois Courts will depart from these guidelines in certain situations if the court finds that application of the Illinois statutory child support guidelines would be unfair, unjust, inequitable, and not in the best interest of the child or children.
In departing from the traditional guidelines, the court will look at the following factors in making its determination:
- The monetary needs and monetary resources of the child or children.
- The monetary needs and monetary resources of the parents.
- The lifestyle the child or children would have enjoyed, had the divorce not been executed.
- The mental emotional and physical condition of the child or children.
After the Child Support Order is Entered in Illinois
Once the Illinois Court enters an Order for Child Support the decision is final and can only be challenged or modified if there has been a substantial change in circumstances that was unforeseen at the initial time of the initial child support judgment. Child support will terminate upon the child turning 18 years old or 19 if the child was attending high school at the time the child turned 18 years old.
What Happens If I Do Not Pay Child Support In Illinois?
Child support must always be paid, it is the duty of the paying parent to ensure that they are up to date on their child support payments. If a paying parent fails to pay child support, they may face penalties:
- Contempt of Court - A parent who has a child support obligation and does not pay, may be held in contempt of court, this can lead in jail time for up to 6 months. During the time that the parent is in jail the parent may be released in order to work and all of the money made will be paid towards the child support that is owed.
- Wage Garnishment - If a parent has failed to pay child support or has not made payments the payee parent the parent that receives child support payments can request through the Illinois Department of Healthcare and Family Services Division of Child Support Services “DCSS” to have the paying parents' income taken from their employment earnings to be paid toward the back owed child support.
- Illinois Drivers License Suspension - If a parent is more than 90 days past due on child support payments the Illinois court may Order a suspension of their Illinois Driver’s license.
- DCSS may use other means to collect back owed child support from the delinquent paying parent, placing liens on real property, seizing bank accounts, and or seizing tax returns.
- Criminal Conviction - A paying parent can be subject to a Class A Misdemeanor which carries a sentence of up to one year in jail for failing to pay child support. If a paying parent fails to pay child support for a second time, leaves Illinois intending on not paying child support to the other parent, fails to pay child support for 6 months or more, or owes over $10K in back child support, the parent will face a Class 4 Felony in Illinois which carries a sentence up to 3 years in jail.
New Illinois Law Health Insurance for Children During Child Support Determinations 2022
A new Illinois law beginning January 1st, 2022, requires that parents during child support proceedings, divorce proceedings, child custody proceedings, or any other Illinois Court proceedings where child support is being determined must maintain or obtain health insurance for their child or children. The health insurance for the child or children may be public health insurance such as Medicaid or private health insurance
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