Illinois Child Support
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Illinois
Child support laws were passed as a result
of Federal mandates that conditioned the states' receipt
of Federal aid upon the states' passage of specific
support laws. Those laws govern all aspects of
support, including child support, support collection,
and support enforcement. The Federal mandates were
intended to provide a basic level of support for all
children. Research that was relied upon for those
laws pertained to the amount of support provided to children
in intact families. The Federal Government's
intent was to maintain those support levels if the
family divided.
Illinois child support is calculated
pursuant to state guidelines. The guidelines provide that a
percentage of annual income be applied to the support of the
parties’ children. If the parties are unable to reach an
agreement as to child support, the Court will have to apply
the guidelines. In calculating support, the Court will also
consider the following factors: (1) the financial resources
of the child; (2) the standard of living the child would
have enjoyed if the marriage had not been dissolved; (3) the
physical and emotional conditions and educational needs of
the child; and (4) the financial resources, needs, and
obligations of both the noncustodial and the custodial
parent.
Illinois child support payments will
terminate, absent other agreement by the parties, when the
child becomes legally emancipated. Emancipation generally
occurs when the child reaches majority (18 years of age) and
has completed his or her education, marries, is
self-supporting or has enlisted in the military.
Illinois child support may continue after
the child’s eighteenth (18th) birthday, if they
are in need of support to finish high school and attend
college or trade school or if they suffer some impairment
that prevents them from being able to support themselves.
Impairments that justify a continuance of support beyond the
age of majority include mental or physical disability. In
determining if post-majority support should be ordered, the
Court must consider all relevant factors that appear
reasonable and necessary including the parents’ financial
resources, the standard of living the child would have
enjoyed if the marriage remained intact and the child’s
financial resources.
Illinois child support payments can
either be made directly between the parties or paid to the
Clerk of the Court. This can help aid in the collection of
child support. Upon receipt of the payment, the Clerk of
Court will make a note that it was received and will forward
the payment to the custodial parent.
Illinois child support obligations can be
modified if a substantial change in circumstances is shown.
The change cannot be something that has already been
addressed by the Court. In order to obtain a modification,
however, the requesting party must file a Petition for such
relief with the Court.
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