When a couple has a child together – be they married or not – both parents are legally obligated to provide financial support. Child support orders are the legal manifestation of that obligation, and they outline how much should be paid (generally on a monthly basis). Yet, often, these orders are set up when a child is young, or when a couple first divorces. What happens when life circumstances change?

When the Needs of a Child Have Changed

Children are constantly growing, changing, and evolving. It only makes sense that their needs change, too. Yet not all changes constitute a basis for a modification to a child support order. Generally, the shift in needs must be fairly significant. For example, if a child is accepted to an elite educational program, the receiving parent may seek a modification to help cover the tuition. Likewise, if a child is diagnosed with a medical condition or illness and needs extensive medical treatment, a modification may be requested..

When a Supporting Parent's Circumstances Have Changed

Supporting parents are not immune to significant life changes. They may become disabled because of an accident or an illness, be laid off of work, lose their business, or suffer some other ill fate that negatively affects their income. If significant enough to impede their ability to pay the ordered child support amount, supporting parents should seek modification. It is critical that the parent do this at the very first sign of trouble since failure to pay may result in serious consequences, including jail time.

In the state of Illinois, child support is an element present in the vast majority of divorce cases involving children. Child support is meant to provide for the basic needs of minor children and is generally no longer enforceable when the child turns 18 or graduates from high school, whichever comes last. These days, children are often dependent on their parents for a few years after they graduate from high school, especially if they attend college. The Illinois Marriage and Dissolution of Marriage Act addresses this issue and provides guidelines for parents who will help pay for their child’s college education.

Covered College Expenses

The court can require one or both parents to be responsible for paying a share of their child’s educational expenses until the child turns 23, or 25 in some circumstances. The potential expenses include:

• Up to five college application
• Two college entrance exams
• One college entrance exam prep course
• Tuition and fees
• Housing expenses, whether on-campus or off-campus
• Medical expenses, including health insurance and dental expenses
• Reasonable living expenses, including food, utilities, and transportation for a non-resident student
• The cost of textbooks or other supplies necessary for the child to attend school.

The court can order that the funds to cover these expenses be paid directly to the child, to the educational institution, to either of the parents, or through the use of a special account or trust created and designated solely for the use of educational expenses.

When divorce proceedings begin, it can throw everything else in your life into a state of uncertainty. Life continues while the legal issues are getting worked out, with bills to pay and obligations to meet. Because of this, sometimes an Illinois court will order temporary relief to one spouse in order to get through the period of the proceedings, including temporary parental responsibilities, child support, or spousal support. 

Parental Responsibilities and Child Support 

Most temporary relief orders asked for in Illinois courts have to do with the arrangements for any children of a divorcing couple. It is common for one parent to seek a temporary order of parenting time simply to ensure the children are permitted to remain in their current situation. Forcing children to move abruptly, only to possibly return them to the previous situation, is generally held to not be in their best interests. Alternatively, parental responsibilities can be contested for more malicious reasons. For example, in some divorce cases, particularly those that are contentious, it is not unheard of for one parent to attempt to get possession of the children solely to cause a disruption in the lives of the children and the former spouse.

Child support is another major factor. The costs of raising a child cannot be paused while the divorce is ongoing, so a temporary order is often necessary. The court will generally assess the request by considering each parent’s income, the current situation, and the needs of the child. 

If you are a single parent, you know just how hard it can be to manage child-rearing expenses on your own. In Illinois, both parents are responsible for the costs associated with raising a child – even if those parents who are divorced or never married. Child support is typically paid by the parent with less parenting time to the parent with more parenting time in order to share child-related costs between parents. Unfortunately, some parents do not take their child support obligation seriously. They skip payments, do not pay in full, or they use excuse after excuse to avoid financial responsibility. If your child’s other parent is neglecting his or her child support obligation, a family law attorney can help.

Only Court-Ordered Child Support Payments are Enforceable

Some parents assume that they do not need to get a formal child support order from the court. They may think that establishing child support through the court is a waste of time and that they can simply agree on a child support arrangement casually. Unfortunately, the court has no authority to enforce “handshake” agreements for child support. This is why it is crucial for single parents to file an official petition for child support with the court. If you are a mother who is seeking child support from a father who is not listed on the child’s birth certificate, you may need to establish legal paternity before you are eligible for child support.

Filing a Motion for Enforcement of a Child Support Order

If a parent is not paying court-ordered child support, the recipient parent will need to file a motion for post-decree enforcement of child support. The court has the authority to take several actions against him or her. The non-paying parent may be subject to:

There are two instances when child support is awarded to parents in Illinois: when parents get divorced or when unmarried parents have a child together. If you are an unmarried parent or soon will be, you may be wondering how you can receive support payments from your child’s other parent. If the child’s biological father has not been officially named the legal father of the child, you will have to establish parentage through the court before requesting child support.

How to Establish Paternity in Illinois

When a married couple has a baby, Illinois law assumes that the husband of the woman who gave birth to the child is the father. However, when an unmarried woman gives birth, there is no assumption of paternity. Parentage can be established through one of several ways. If neither party doubts the paternity of the child, the two parents can sign a Voluntary Acknowledgement of Paternity (VAP). This document allows the father to be named on the birth certificate but does not address issues of child support, parenting time, or allocation of parental responsibilities. Another method for establishing parentage is for either parent to file a Petition to Establish Parentage through the county court and participate in the subsequent proceedings. Lastly, parents may seek an Administrative Paternity Order to be established and entered by Healthcare and Family Services’ Child Support Services.

How Will Child Support Amounts Be Decided?

Once legal parentage is established, child support matters can be decided. Since July 1, 2017, Illinois courts have made child support decisions based on an "income shares" model. Under this model, each parent’s income in relation to the parents’ combined income is used to calculate a fair and reasonable child support amount. Factors such as healthcare, parenting time (visitation), and other elements may influence the final child support obligation, but the base child support obligation is mostly decided based on the combined net income of both parents. A parent who wishes to change a child support order must file a petition for modification of the child support order though the county court. Generally, only a major change in financial circumstances, employment, or disability will justify a modification to an established child support order.