If you are unmarried or will soon divorce, you may have questions about child support. Children need financial support from their parents – even if the parents are unmarried or divorced. If you are a parent, it is important to know your rights and responsibilities regarding child support.
The amount of child support a parent pays in Illinois is based on a statutory formula called the Income Shares formula. Both parents’ net incomes are compared to economic tables based on the average cost of raising a child to find an appropriate child support payment amount.
The parent with the greater amount of parenting time receives child support. The parent with less parenting time, previously called visitation, is the payer of child support. The amount of parenting time does not typically influence the amount of child support. However, there is one exception: If both parents have at least 146 overnights with the children a year, this is a shared parenting situation. In shared parenting situations, the total amount of money the parents are expected to contribute to child support is decreased.
Parents who do not pay child support can be subject to significant consequences including wage garnishment or even charges for contempt of court. If your child’s other parent is not paying child support, contact a lawyer for help.
Child support modifications are only available in certain situations. You must show that there has been a significant change in circumstances that necessitates the child support modification. A major increase or decrease in either parent’s income or a significant increase in the child’s financial needs may warrant a child support modification.
Illinois courts handle voluntary unemployment and involuntary unemployment differently. If a parent loses his or her job and makes good faith efforts to regain suitable employment, the court may grant that parent a reduced child support obligation. However, if a parent quits his or her job or chooses not to work, the court has the authority to use the parent’s potential income to calculate child support. Potential income is based on the parent’s work history, education, and other factors.
Source: https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm
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