If you receive child support payments, the presumption exists that you will use that money to buy things that promote your child’s well-being. Defining what those things are, however, can be difficult. The law in Illinois provides some guidance regarding what child support payments should be used for, but such decisions are usually left entirely up to the recipient parent.

Illinois Law

The Illinois Marriage and Dissolution of Marriage Act states that both parents are responsible for contributing toward meeting the “reasonable and necessary educational, physical, mental, and emotional needs of the child.” The parent granted a majority of the parenting time fulfills a portion of this responsibility by providing the child with his or her primary home and daily basic needs. The other parent, therefore, will usually be required to make child support payments based on the income of both parents and the number of children being supported.

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 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.

Maintenance in Illinois usually takes the form of either a lump sum payment or periodic payments over a period of time. Under Illinois law maintenance terminates upon remarriage and/or cohabitation of the spouse receiving maintenance with an adult individual on a continuous conjugal basis.

Under Illinois law, once a marriage ceremony has been performed, spousal support terminates. Compared to a remarriage situation, support issues regarding cohabitation are more vague and complex. If one spouse can show that the other is living with someone else “on a resident, continuing conjugal basis,” then he or she can petition to have maintenance payments terminated. However, cohabitation is not as defined as remarriage.

NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

The process of obtaining a divorce can be difficult and complicated. The complexity increases when children are involved. In addition to issues like custody and visitation, a determination of the amount of child support must be made. The amount of child support depends on a variety of factors and failure to pay can have significant consequences.

Determining the Amount:

With a new law passed in 2013, Illinois now joins several other states that require casino winnings to be withheld if the winner is behind in child support payments. In addition to casinos, winnings can also be garnished at racetracks and at riverboat gambling facilities to pay overdue child support payments.

With the requirement to collect from casinos and racetracks, gaming establishments are supposed to provide notice to potential winners that the establishments are required to withhold winnings until back child support is paid. Signs to this effect may be at the entrance and exits, the cashiers' cages if applicable, and at any credit points within the establishment. The winner can also be informed at the time the winnings are withheld.

How Much Can Be Withheld?