How Do I Get Illinois Child Support?

Child support is almost always requested when a person files a divorce or parental responsibilities (custody) case against their child’s other parent.

In order to determine the amount of child support that is owed, both parties will have to complete a Financial Affidavit and may have to exchange documents related to their finances. At a minimum, both parents should provide paystubs, bank statements, and recent tax returns. Other documents may be requested by the other party or their attorney.

Both parents’ income and the amount of time each parent spend with the child will be considered when calculating the amount of child support owed. Income includes second jobs, overtime, and holiday pay. Factors specific to each family, such as childcare costs, extracurricular and school expenses, and health insurance premiums, are also taken into consideration.

Once there is a court order for Illinois child support, an Income Withholding for Support can be sent to the paying parent’s employer. The employer will take the money directly from the parent’s paycheck and send it to the State Disbursement Unit. There, the payment is recorded and sent to the receiving parent.

What if I think I am paying too much Illinois child support or can’t afford the amount of support I have to pay?

If you want to change the amount of support you are paying, you can file a motion requesting a modification. You will need to show that something has changed since the last child support order was entered. Changes could be related to your income, the other parent’s income, or the child’s living arrangements.

What can I do if my child’s other parent doesn’t pay support? Do I have to pay Illinois child support even if I don’t see my child?

Child support and parenting time are two separate things. If the other parent does not pay child support, you cannot cut off their court ordered parenting time. If you do not see your child, you must still pay child support if the Court has ordered it.

If your child’s other parent has stopped paying Illinois child support, you can ask that they be held in contempt of court. If the judge believes they intentionally violated the court order they can impose penalties designed to coerce the parent into paying the support that is owed. You can also ask the court to allow a new Income Withholding Order to be sent to their employer that requires them to withhold a higher amount to make up for missed payments.

If your child’s other parent is refusing to allow you parenting time that has been court ordered, you can try to enforce that order through the court.

My child is in college. Can I still get Illinois child support? Do I still have to pay child support?

It is possible that both parents could be ordered to contribute to post-high school educational expenses. These expenses can include tuition, books, room and board, medical and dental care, and living expenses. The judge will consider the financial resources of both parents and the child and may require everyone to apply for financial aid. The obligation to contribute to these expenses can usually be terminated if the child’s grades fall below a “C” average, when the child earns a bachelor’s degree, if the child gets married, or if a paying parent is denied access to the child’s transcripts. To learn more about Illinois child support and MillerKing Law, you can visit our website at https://millerkinglaw.com/practice-areas/family-law/ or give us a call at (618) 462-8405.