The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Initial Consultations via ZOOM Available

North Aurora family law attorney child support

When a child’s parents are not in a relationship with one another, it is very likely that some form of parenting agreement has been created to lay down the terms of the co-parenting relationship. In many cases, the parenting agreement will also include the terms of child support that the parent with the least amount of parenting time is required to pay to the other parent. However, not all parenting agreements contain information about child support orders. Whatever the reason for the absence of the child support order at the time the parents split, some people may not know that the state of Illinois allows parents to collect retroactive child support in some situations.

Retroactive and Back Child Support

Once entered, child support orders are enforceable by law, meaning you face consequences if you do not obey the order. If a parent does not make the required monthly payments, this means they have become delinquent on their order. They still are required to make the scheduled monthly payments, in addition to making back payments for any support payments they missed.

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Kane County divorce attorney child support

Just as the famous saying states, “It takes two to tango,” it takes two people to create a child, so it is only fair that those two people are also responsible for financially providing for that child for the next 18 years. The formula that is used to calculate monthly child support payments takes into account a variety of factors, including both parents’ incomes, how much parenting time each parent has, and whether or not either parent has any other spousal support or child support obligations. Monthly child support payments are typically paid from the person with the smaller share of parenting time to the person with the larger share of parenting time and are used to help pay for basic living expenses in raising the child. However, most divorced or unmarried parents know that typical child support payments do not cover all of the expenses that a child can incur each month. 

Expenses Not Included In Monthly Child Support

In Illinois, the parents of a minor child are required to financially provide for the child and ensure he or she has clothing, food, toys, and everything else needed to be healthy and happy. The monthly child support order helps to partially provide these basic necessities, but there are other expenses above and beyond typical support that should be addressed in your support order and parenting plan. These can include but are not limited to the following:

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Oswego divorce attorney child support

Every child has a right to financial support from their parents, no matter if their parents are together or not. In Illinois, child support is awarded when the parents of a child file for a divorce or are no longer in a relationship with one another. Illinois uses what is called an “income shares” model of calculating child support. This means a variety of factors are taken into consideration when a child support determination is being made. These factors include both of the parents’ incomes, how much time the child spends with each parent, and how many children are being supported. Child support obligations usually end once a child turns 18 years old or when he or she graduates from high school, but Illinois law also provides limited guidance for support obligations for adult children with disabilities whose parents are separating.

Establishing Child Support for an Adult With a Disability

For the most part, child support typically stops when the child reaches the age of 18. However, there are a few different types of non-minor support that exist in Illinois, such as requiring a parent to pay for educational expenses for a non-minor or providing support for an adult with a significant disability. In many cases, adults with physical or mental disabilities need financial support from their caretakers, who are often their parents.

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Batavia divorce attorney child support

In situations where the parents of a child are divorced or no longer in a relationship, child support orders are often entered to ensure that the financial responsibility of raising a child is not left up to only one parent. In Illinois, child support is typically paid by the parent who has a smaller portion of the parenting time. The amount of child support that is paid each month is determined by a formula that takes into consideration each parents’ income, parenting time, how many children you are supporting, and how much supporting your children should cost.

Paying your child support obligation is extremely important, not only for the well-being of your children but also so you can avoid any repercussions for nonpayment. If you do not make your payment, you could face significant consequences such as driver’s license suspension, wage garnishment, tax refund interception, and more. The state of Illinois offers various options for paying your child support so there is a confirmation that you are in compliance with the order and a record for the payment exists.

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North Aurora parenting plan attorney

In the United States, healthcare can be an extremely complicated topic, especially for children. After a divorce, many parents find that managing the medical care of their children may be wrought with arguments, tension, and stress. Although there is no guarantee that you can eliminate all issues down the road, planning for your child’s healthcare before your divorce is finalized is a good idea. Some children may need more managed, targeted medical treatment, while other children may only need a yearly checkup. Every family is different, so putting your child’s medical plan in writing can help save you from future disputes.

Managing Your Child’s Health Insurance

Part of the child support obligation that parents share is intended to cover some basic medical expenses, but the court will likely also require you to have medical insurance for your child. Either parent can opt to include the child on medical insurance coverage that he or she has through an employer. The cost of the health insurance premium for the child is typically added to the monthly support amount and split between the parents.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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