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Circumstances Where a Court Can Require
Payment of Child Support in Illinois

The following are some of the court proceedings where a judge can order payment of child support:

Dissolution of marriage and post-decree proceedings – When a divorce is finalized, a Judgment for Dissolution of Marriage is entered by the court. Post-decree proceedings may then occur after that in order to enforce certain provisions in the Judgment. For example, the Judgment may indicate that one party is required to pay child support of a certain amount per month. If that party fails to do so, the other side can initiate a post-decree proceeding to enforce the child support provision.

Legal separation – A legal separation is like a divorce, where the parties live separately, divide up their assets and the court grants a Decree for Legal Separation, but the parties do not actually divorce. Like a Judgment for Dissolution of Marriage, a Decree for Legal Separation will contain provisions for child support that are enforceable by the court.

Declaration of invalidity of marriage – This is an annulment in Illinois and, even though the marriage is then considered void, child support can still be ordered, like divorce or legal separation, for children borne from the union.

Custody – Several factors are used to determine custody, mainly what is in the best interests of the child. In terms of child support, the amount that the non-custodial parent is required to pay in child support is determined based on that non-custodial parent’s income.

Parentage Act (paternity) - The Illinois Parentage Act of 1984 covers actions to establish parentage or paternity. Paternity must be established before child support can be ordered. The amount of child support is the same as divorce, legal separation or annulment.

Illinois Domestic Violence Act – The Illinois Domestic Violence Act protects victims of domestic violence from abusers (whether family members, spouses, boyfriend or girlfriend, parents of victim’s children or roommates). An order for protection not only protects the victim from the abuser by prohibiting threats and abuse but also require payment of support for minor children living with the victim.

Children and Family Services Act – As this law states, it creates “a Department of Children and Family Services to provide social services to children and their families, to operate children's institutions…” and the child welfare services “do not release the parent or guardian from responsibility to provide for the financial support of their children.”

If you are seeking child support or defending a claim for child support, contact us. We are free. We are confidential. Upon hearing your situation, we can direct you to a lawyer in your area who will be the right fit for your specific matter.