Parental Responsibilities and Child Support

 Posted on December 29, 2015 in Child Support

In a recent post on this blog, we discussed how changes to the Illinois Marriage and Dissolution of Marriage Act will be affecting the state’s approach to child custody proceedings. Beginning in 2016, parents will no longer be awarded sole or joint custody; instead, the parents or the court must determine a reasonable allocation of parental responsibilities. With the elimination of titles like custodial and non-custodial parents, however, it may be a little less obvious than before which parent, if either, will be expected to make child support payments.

Majority of the Parenting Time

According to the new law, a parenting plan or court-entered order for allocating parental responsibilities must include a designation of one parent as having the majority of the parenting time. The determination is to be made based upon the best interests of the child, of course, but will help serve several purposes. First, the parent with majority of the parenting time will be able to establish a permanent address for the child, allowing him or her to be properly registered in school. The same parent will also be considered the child’s custodian for all other state and federal laws that require such a designation.

A parent who is named as having a majority of the parenting time is not necessarily afforded additional privileges, rights, or responsibilities regarding the child, although in many cases it may. The designation is made primarily for purposes of legal responsibility and not just for parenting.

Child Support

Currently in Illinois, the non-custodial parent is most often the party responsible for paying child support. With neither parent being considered “non-custodial” going forward, what will happen with child support expectations?

In most cases, the parent who is not designated as having the majority of the parenting time will be responsible for child support payments. He or she, for the purposes of the law, will considered the supporting parent, and the amount of support to be paid will still be based on his or her net income and the number of children being supported.

Contact Our Office Today

If you have questions about the upcoming changes, contact an experienced Arlington Heights family law attorney. Our knowledgeable team will help you find the answers you need and guide you through the process of whatever legal concern you may be facing. Call 847-253-3100 today to schedule your free initial consultation at Cosley Law Office.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8350000&SeqEnd=10200000