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St. Charles, IL630-200-4882
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Will I Be Expected to Pay Child Support After My Illinois Divorce?

Posted on in Divorce

Kane County divorce attorney child support

Couples who decide to end their marriage have several decisions to make, including how to divide their assets and property. When children are involved, there are additional factors to consider. Parents who get a divorce while their children are under the age of 18, one of the court’s top priorities is ensuring that the children will still have access to the same level of financial support from both parents that they had during the marriage. In most cases, this means that one parent will be ordered to pay child support to the other for the purposes of providing for the children’s basic needs. As you prepare for your Illinois divorce, it is important to know whether you are likely to be the paying parent.

What Factors Influence Child Support Payments?

Based on the way that child support is calculated in Illinois, the answers to two basic questions can help you determine whether you will be expected to make support payments to the other parent:

  1. Is your income higher than that of your spouse? In Illinois, child support obligations are not determined solely based on which parent makes more money. However, the basic calculation involves determining the combined monthly net income of the two parents, and allocating the support obligation using a percentage based on each parents’ share of the total. If your income is higher, you will usually be allocated a larger percentage.

  2. Will your divorce resolution grant your spouse a greater share of parenting time? The Illinois child support calculation also factors in the amount of overnight parenting time allocated to each parent. In most cases, the parent with a lesser share of parenting time will be required to make payments to the parent with the majority share, especially if the distribution is skewed heavily toward the primary custodial parent.

If you are determined to be the paying parent, the amount you pay can be influenced by many other factors, including the number of children for whom you will be paying support, whether you will also be paying spousal support, and whether you have any other child support obligations. The court may also decide to deviate from the basic calculation according to the financial needs of the children and parents, including for medical care, special needs, education, extracurricular activities, and child care.

It is also important to note that failing to make court-ordered child support payments can have serious consequences, including criminal charges that may result in fines, imprisonment, and other penalties. If you are concerned about your ability to pay, you should work with an attorney to consider your options.

Contact a Kane County Child Support Attorney

Getting a divorce can be challenging under any circumstances, but when a couple has children, there are more issues to resolve. At the Law Offices of Benedict Schwarz, II PC, we can help you understand your child support obligations and ensure that your needs are considered in any legal decisions. To learn more, call our dedicated St. Charles family law attorney today at 847-428-7725 to schedule a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/ChildSupportEstimator.aspx

 

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