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Frequently Asked Questions about Illinois Child Support
Findgreatlawyers.com is a free service, run by Illinois lawyers, to find an attorney or obtain guidance for any Illinois legal matter, including Illinois child support cases. Please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. This page discusses some of the common questions we have been asked about child support.
When does Illinois child support terminate?
Emancipation of a child terminates the child support obligation, unless the parties agree otherwise. The termination is not automatic and the duty to support continues unless and until an order is entered by the court.
What is emancipation?
In regards to child support, emancipation is when the duty to pay child support concludes. This generally occurs when the child reaches majority and has completed his or her education, marries, is self-supporting living on his or her own, or joins the military.
Does the death of a parent terminate support?
No. The support obligation may be enforced against the parent's estate, or modified, revoked or commuted to a lump sum payment.
Will child support terminate upon a child's death or institutionalization?
Child support may terminate upon a child's death or institutionalization, but a court order is necessary to end or modify support.
Can a court order an employer to deduct child support from the supporting parent's salary and pay it directly to the receiving parent?
Yes, as long as the supporting parent is employed at a job. If the supporting parent is self-employed, much of his or her work income is in cash tips or payments, or is on a straight commission without a draw, this device will no be helpful.
What happens when the non-custodial parent's income cannot be ascertained?
When an income cannot be ascertained, support is to be ordered in an amount considered reasonable in the particular case.
Can the Illinois support order be stated in terms of a percentage?
No. The support amount would then vary as the paying parent's income varies. The statute requires that the support order be for a definite dollar amount; a percentage order will not be valid.
If a supporting parent is unemployed, can the court require him or her to work and pay child support?
Yes. The court may order him or her to seek employment and report periodically showing his or her efforts to find work and to participate in governmental job search, training or work programs.
What happens if the supporting parent is ill and can't work or loses his or her job?
Child support will accumulate and the court will not be able to erase the accumulation. The parent who is unable to work needs to immediately seek Illinois court intervention and file a petition to modify or abate the child support. Once the petition is filed the court is able to abate or reduce the child support because of the change of circumstances.
If the supporting parent is very wealthy or earns a very large income, can the court award a larger amount?
The trial court may award support in excess of the guidelines. The court takes into consideration the lifestyle of the supporting parent and also the custodial parent. The source of the custodial parents income, such as public aid, will not ordinarily impact on the amount the contributing parent is expected to pay.
How can child support be increased?
The party must petition for an increase in child support. It is required to show that the supporting parent has an increased ability to pay and that the child receiving support has increased needs.
How can child support be decreased?
Again, a petition must be filed for a decrease in child support. The most common basis for a decrease in child support is a decrease in income of the supporting parent. Another reason is when the supporting parent's needs increase for one reason or another, such as an illness requiring his or her income for health expenses.
Can a reduction in child support be made if the supporting parent voluntarily takes a cut in income?
A reduction in income is a possibility. If the change in employment is made in good faith then modification of child support is possible. If the supporting parent loses his or her job, and it was not brought about by deliberate conduct intending to evade paying child support, it can be considered a material change in circumstances.
Does an increase in the supporting parent's income always require an increase in child support?
In order to increase child support a petition must be filed. A substantial increase in the income of the supporting parent's income will support the petition.
If you have any questions about Illinois child support laws please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you.