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Illinois child support payments are determined within the context of the divorce and are paid to the custodial parent for the care of the minor children. The Illinois Marriage and Dissolution of Marriage Act provided guidelines which dictate the minimum amount of support. This amount can be changed by order of court or by mutual agreement of the parties and is subject to court approval.
Child support payments cover the cost of a child’s food, clothing, and shelter, but do not include costs over and above basic care. Costs such as extracurricular activities or medical expenses are negotiated separately. The custodial parent is not required to provide an accounting of how child support payments are spent, nor is the amount received taxed as income by the recipient or deductible by the paying parent. Contact the experienced child support lawyers at the Law Office of Miriam Cooper, we can help you resolve difficult child-support issues.
Modifications to Child Support
If circumstances change and the child support award becomes insufficient or excessive, a parent can seek a court-ordered modification. In making its decision, the court will consider many factors including job loss, substantial increase in income, or the changing needs of the child. If the custodial parent’s income is greatly lower than the paying parent, the court may order that the support and maintenance be lumped together and therefore tax deductible for the non-custodial parent. This maximizes the amount of funds available to the custodial parent.
Collecting Child Support
Custodial parents in Illinois who are concerned that payments will not be timely can choose to have payments sent directly from the payor’s employer (referred to as wage garnishment) or by the State of Illinois Disbursing Unit.
Child Support & Visitation
Visitation cannot be denied because of failure to pay child support. The obligation to pay child support terminates based on the occurrence of specific events stated by law or by agreement of the parties, such as reaching the age of majority, finishing high school, becoming emancipated, marriage, or if the child joins the military.
Whether you are the custodial or non-custodial parent, our attorneys will present effectively present your case for the most reasonable and fair child support award on your behalf. Please contact us today for a free office consultation to discuss your child support concerns.