After a divorce, parents are expected to continue providing financial support for their children. Child support is the sum paid by one parent to the other parent for a child’s care. Generally, the noncustodial parent pays child support to the custodial parent. The child’s primary residence is with the custodial parent. However, this may not be the case if the custodial parent earns more than the noncustodial parent. Other factors can impact the amount of child support payments after a divorce.
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What Can I Expect for Child Support Payments After a Divorce in Illinois?
The child support amount varies depending on several factors. Illinois uses a standard calculation for child support based on the income of both parents and other factors, including:
- The number of children to be supported
- The time children spend with each parent
- A child’s special needs
- The healthcare and education expenses for the child
The first step is to calculate the base child support obligation by using the income of both parents and the income shares chart provided by the state. To calculate the basic child support obligation, you will:
- Determine the net income for each parent
- Calculate the combined net income by adding the net incomes of each parent
- Use the income shares chart to determine the total child support obligation based on the combined net income
- Calculate each parent’s percentage of combined net income by dividing their net income by the combined net income
- Multiply the total child support obligation by a parent’s percentage of total net income
The base amount for child support is the beginning point of determining how much you can expect for child support after a divorce in Illinois. The court considers the child’s time with each parent, healthcare expenses, childcare costs, and the child’s needs to determine the final child support amount for each parent.
Parents can use the Illinois Child Support Estimator to calculate how much they may expect to pay or receive for child support. However, it is best to talk with an experienced child support lawyer if you want a more accurate amount.
What Happens if I Don’t Pay Child Support in Illinois?
If you are ordered to pay child support, you must keep the support payments current. If not, you could face numerous penalties for failing to pay child support. The state uses several enforcement actions to collect child support arrears, including seizing your assets, garnishing your wages, and seizing tax refunds.
However, the court may impose penalties if you continue to owe back child support payments. Penalties for not paying child support may include:
- Contempt of court
- Jail time and/or fines
- Community service
- Probation
- Revocation of driver’s license
- Reporting child support arrears to credit reporting agencies
- Suspending occupational certificates, U.S. passports, and professional licenses
If you cannot afford your child support payments, you can petition the court for a modification of child support. Contacting a child support attorney as soon as you realize you cannot pay child support can help avoid enforcement actions by the state.
Parents who are owed child support may also want to seek legal counsel. An attorney can explain legal options for collecting child support through the courts, including filing a court action to enforce child support orders.
Modifying Child Support in Chicago, IL
Either parent may petition the court to modify child support payments. There must be a substantial change in circumstances to warrant a change in child support. Examples of changes in circumstances include:
- Becoming disabled because of an illness or injury
- The birth of another child
- A significant change in income
- The child has additional needs
- Obtaining a new job
- Receiving a large inheritance
The courts will only hear petitions to modify child support if one of the following conditions applies:
- The current order does not address health insurance for the child
- A parent’s financial situation has substantially changed
- The Illinois Department of Child Support Services receives a request to review child support from a parent or another state
- It has been three years since the original support order was issued
If you have questions about child support in Illinois, talk with a child support lawyer. Court employees cannot give you legal advice, so an attorney is the best source of information because they understand the law and base their advice on your specific circumstances.
