Child support is the responsibility and obligation of both parents to provide for a child’s physical, emotional and mental well-being. It is not simply a financial matter, as many people assume. In any instance where a child’s parents are no longer living together or married, the residential parent is entitled to support from the non-residential parent.
The court may order child support that deviates from the state required minimum if the court finds it is in the best interest of the child. The court can use several factors to determine the best interest of the child. First, the court will determine the financial needs of the child. Second, the court will consider the financial responsibilities and needs of both the residential and non-residential parent. The court may also consider the physical, emotional and educational needs of the child. Finally, the court will consider the standard of living the child would have enjoyed had the parents not divorced.
Once an order of child support is entered, the order may only be modified, whether increased, decreased or abated, 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 a child’s nineteenth birthday. Several courts will make an order for contribution towards post high school education even though child support, as required under state statute, has terminated.
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. It is important to note, however, that recent studies have shown non-residential parents are more likely to pay support in a timely fashion when their visitation with their child(ren) occurs without interference from the residential parent.
- Changes to Illinois Child Support Laws for 2017
- How is Child Support Calculated for Multiple Families in Illinois?
- If My Ex Gets Remarried Will My Child Support Go Down?
- Illinois Child Support Modification Explained
- Changes to Illinois Divorce Law for 2016
- Collaborative Law Divorce vs. Cooperative Divorce
- Marital Settlement Agreements Explained
- Maintenance Awards in Divorce: Factors Courts Consider
- Factors Courts Consider in Determining Child Custody Issues
- Filing a Petition for Dissolution of Marriage
- Dividing Up the Marital Estate Upon Dissolution of Marriage
- Illinois Paternity Law Explained
Please feel free to call or e-mail me with any questions, or to schedule a free consultation:
Kevin O'Flaherty | (630)324-6666 | firstname.lastname@example.org