Parents should support their children, and this often includes financial support. For parents who live together, financially supporting children is pretty straightforward, but this can change when the parents separate or live apart.
There might be visitation and custody agreements for parents who don't live together, but child support agreements might also be in place. Aspects of child support, like the amount paid and by whom, vary on various factors.
Here are some basics you will learn from your child support lawyer in Schaumburg.
Who Has to Pay Child Support and for How Long?
Most states have guidelines for child support, and the child support paid by one parent to another is usually a numbers game. In Illinois, the child support amount depends on the number of children for which the noncustodial parent is responsible and that parent's net income. The court will also consider the children's best interests, including:
- Financial needs and resources for the children
- Financial needs and resources for the custodial parent
- Standard of living the children would've enjoyed before separation
- Physical, emotional, and educational needs of the children
A child support order usually holds until a child reaches the age of 18. In Illinois, like many states, this age is the age of majority and when a person is considered a legal adult.
How Is Child Support Calculated in Illinois?
In 2017, Illinois adopted the “income shares” model, aligning with other states to ensure a fair approach to child support. Under this system, the court considers the combined income of both parents rather than just the noncustodial parent’s earnings. The goal is to provide financial support that reflects what the child would have received if both parents lived together.
Key Factors in Child Support Calculation
- The court looks at several factors when determining child support, including:
- The combined net income of both parents
- The number of children requiring support
- Healthcare, educational, and childcare expenses
- The amount of parenting time each parent has
Under this system, both parents contribute to the financial well-being of the child, with the court adjusting the obligation based on shared parenting time and other relevant circumstances.
Recent Legislative Updates and Enforcement
As of 2025, Illinois has not made significant changes to the child support framework established in 2017. The income shares model remains the standard, and child support orders continue to be enforced through:
- Wage garnishment
- License suspensions
- Potential legal consequences for nonpayment
If you need guidance on child support laws in Illinois, consult a trusted family attorney who can help you navigate the complexities and make sure your child’s needs are met.
When Does One Apply for Child Support?
When parents separate or file for divorce, they can apply for child support. It is best to deal with these matters as early as possible. It is also recommended that parents make custody arrangements early on as well.
What Happens If Child Support Isn't Paid?
Enforcement of child support varies from state to state. It's best to check with your attorney if the other parent is not meeting their child support obligations. However, parents need to realize that even if one party does not pay child support, they can't prevent the non-paying parent from seeing the children. Generally, the law assumes children must have a relationship with both parents, regardless of the financial concerns. In Illinois, unpaid child support can lead to a contempt of court charge, loss of a driver's license, and even more serious charges for excess amounts.
Is Child Support Affected If the Custodial Parent's Income Changes?
Child support calculations typically take into account the noncustodial parent's net income. However, if the custodial parent's income changes, it may not directly affect the child support obligation. The guidelines for child support in Illinois often focus on the noncustodial parent's income and the number of children involved. Consulting a family attorney can help you understand the potential impact of income changes on child support arrangements.
How Does Child Support Differ in Cases of Shared Custody?
Child support calculations can become more complex in shared custody cases, where the children spend a significant amount of time with both parents. Both parents' incomes, the time each parent spends with the children, and various other factors are considered. Working with a family lawyer who understands the nuances of shared custody arrangements can ensure fair and accurate child support calculations.
What’s the Maximum Percentage of Child Support in Illinois?
Illinois has guidelines determining the percentage of the noncustodial parent's income allocated for child support. The maximum percentage can vary based on the number of children involved. An experienced family attorney can help you navigate these guidelines and ensure that child support calculations align with legal requirements.
Can Child Support Be Enforced Across State Lines or Internationally?
The Uniform Interstate Family Support Act (UIFSA) enforces child support across state lines. This ensures that child support obligations are upheld even when parents live in different states. International enforcement is also possible through treaties and international agreements. Consulting a family lawyer is essential if you have concerns about enforcing child support orders across state lines or internationally.
What Happens If the Noncustodial Parent Fails to Pay Child Support?
Failure to pay child support can lead to legal consequences. In Illinois, unpaid child support can result in a contempt of court charge, suspension of driver's licenses, and other penalties. A family attorney can guide you through the steps to enforce child support orders and ensure your child's financial needs are met.
Is Child Support Taxable?
Child support is not considered taxable income for the recipient or tax-deductible for the paying parent. Understanding the tax implications of child support is essential, and a knowledgeable family lawyer can provide you with comprehensive information.
Contact Your Child Support Lawyer in Schaumburg
Navigating child support matters can be complex, but with the assistance of a skilled family lawyer in Schaumburg, you can ensure that your child's best interests are upheld. If you're seeking clarity and guidance on child support issues, contact Robert M. Kaplan, your dedicated child support lawyer in Schaumburg, Cook County.