Staying Afloat with Child Support

 Posted on December 00,0000 in Illinois family law attorney

An order for child support is often arranged as part of a divorce, marital separation, dissolution of marriage, or annulment and may be used to supplement alimony (spousal support) arrangements.

Mechanics of Child Support

Child support is an financial contribution made by a parent to provide for the needs of his or her child following the end of a marriage or other relationship. Support payments are paid by a the supporting parent, or obligor, to the recipient parent, or obligee for the care of a child of a relationship that has been terminated or, perhaps, never existed. In most cases, the supporting parent has less parental responsibilities and parenting time than the recipient, while the obligee is typically the parent with primary residential responsibilities, other caregiver, a legal guardian, or the state.

A parent can be ordered to pay child support without regard to gender, so a mother could be required to pay support to a father just as the reverse is true. Thanks to recent changes to the law in Illinois, the statute no-longer labels either parent a custodial or non-custodial parent, so child support obligations are often determined by income. A parent with a higher income is more likely to be required to pay the other parent.

Modification to Awarded Support

A family's financial situation after a divorce will likely be different from its reality prior to the dissolution. In most cases, divorced parents set up separate households, whereas they lived together in one home while married. The same income and financial resources cannot reasonably support two households at the same level as they did for one. Therefore, support awards are often considered too low by the recipient parent and too high by the paying parent.

A current child support order may be reviewed by the court for a modification if the child's needs or the supporting parent's resources change. Back child support, known as arrearages, can be ordered if a modification or other order delays timely payment. Some orders are set up to automatically change when certain conditions are met. For example, an escalation clause could allow the child support amount to increase as the obligor's income rises.

Getting remarried or moving in with a new partner by either parent does not necessarily affect child support, although if shown to be a permanent change in circumstances, either situation could become a basis for modification. Each case is considered individually with virtually no limit to the factors that could contribute to a courts decision.

How Do I Wade Through It All?

If you are swimming through the sea of issues surrounding child support and you could use a life vest, contact a knowledgeable and dedicated Aurora family law attorney today. Call 630-409-8184 for a confidential consultation.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=0&SeqStart=6100000&SeqEnd=8350000