How is Child Support Handled in Illinois?

 Posted on September 15, 2023 in Child Support

In a divorce with children, child support is one of the most important subjects that must be addressed. Child support is meant to ensure that children’s basic needs are met and that one parent does not have to pay to raise a child by themselves. If you are getting divorced or pursuing a paternity case, it is important to work with an experienced child support attorney to ensure the process is fair. 

How Is Child Support Calculated in Illinois?

The Income Shares model is used in Illinois to determine child support. This model aims to give children the same financial support they would have had if their parents had stayed together. It does this by accounting for the combined net income of both parents and considering the amount of time each child spends with each parent, and then distributes the cost of child support accordingly.

How Does the Court Determine Who Pays Child Support?

If one parent makes more money than the other, the higher-earning parent is typically the one who pays child support. However, because the amount of time each child spends with each parent is also an important factor in deciding payments, a parent who spends very little time with their children may still end up making payments to a parent who earns more money. Gender does not play a role in child support calculations. 

What Happens if My Ex Stops Paying Child Support?

If a parent is making payments through the Illinois Division of Child Support Services (DCSS), a delinquency appears on the child support account of the person who owes child support. The computer system calculates the amount owed automatically and sends the parent’s employer an Income Withholding for Support form. The system then automatically garnishes the parent’s wages until the amount is paid in full. 

However, not all parents manage child support payments through DCSS. Low-income parents may be automatically added to the system if they are receiving financial assistance, but other parents typically make the payments to each other privately. DCSS can get involved if the paying parent becomes delinquent, but the process through DCSS is slow and can be ineffective. The best way to recover unpaid child support as quickly as possible is to involve an experienced child support lawyer. 

Contact an Arlington Heights, IL Child Support Attorney

A Rolling Meadows, IL child support attorney can help you navigate the complexities of child support cases while ensuring your child's best interests are upheld. At Law Offices of Donald J. Cosley, we can provide the legal guidance necessary to ensure you receive child support payments to care for your child effectively. Call us at 847-253-3100 for assistance.