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.

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.

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.

The state of Illinois, like most other states, acknowledges that it is the duty of both the mother and the father to financially provide for a child. In situations where parents were married but got divorced or were never married but are now no longer together, child support is ordered to ensure the child is being provided with the essentials that he or she needs. Child support orders are legally enforceable orders, meaning someone can face consequences if he or she does not pay support as ordered. Unfortunately, this does not stop some parents from violating orders and refusing to pay child support payments. However, safeguards are put in place to help parents enforce and collect past-due child support that is owed to them.

What Happens When Payments Are Delinquent?

Once a parent becomes delinquent on child support payments, he or she will be in violation of the court's orders. If the other parent has not received child support payments on time or in full, he or she should work with a family law attorney to pursue enforcement of child support through the court. In many cases, the court will order that the paying parent's wages should be garnished, and an order will be sent to the parent’s employer requesting that they withhold an extra specific amount to cover the delinquent amount. Income will be withheld from the parent until the amount owed is paid in full. Any amount of child support that is owed must be paid in full, along with interest on past-due payments.

Both parents have an obligation to financially support their children, even if one parent is considered “custodial” while the other parent is “non-custodial.” Because of this, child support exists in the majority of cases that involve parents who are divorced, legally separated, or who were never married in the first place. Child support is intended to be used to help pay for the child’s necessities, such as food, clothing, and shelter. If a parent is subject to a child support order, he or she is legally obligated to make the stated monthly child support payments; otherwise, serious consequences could result. When a parent does not abide by child support orders, it can put a financial strain on the custodial parent, but fortunately, there are steps you can take for enforcement if your child’s other parent has failed to make child support payments.

Defining Failure of Support

If a parent is having a bad month financially, and child support payments are late or delayed, typically no action will need to be taken, as long as the paying parent is able to pay the amount due within a reasonable time period. However, if non-payment has become a pattern, and the parent has not made multiple payments, legal action may need to be taken. A parent is considered to have committed failure to support if he or she does any of the following: