Child Support in Illinois
Divorce in Illinois » Illinois Child Support
Divorce in Illinois is defined as dissolution of the bond of marriage in legal terms. Generally, divorce refers to the breaking of connection between spouses. In Illinois, divorce is taken on various grounds such as adultery, abuse, fraudulent behavior, criminal nature, breakdown of marital relationship, etc. A divorce has many aspects such as custody, child support and property division, etc. Laws related to support are based on the child support guidelines in Illinois issued by the federal law. These guidelines talk about the nature of laws, calculation of amount and other related things.
What is child support in Illinois?
Child support is the financial support provided by parents for upbringing of minor kids.The implications of the term include the amount needed for raising an offspring and an additional amount that is enough to fulfill the requirements of the responsibility. When a couple gets divorced, their responsibility for kids is divided by the court. Full custody is either awarded as per the decision of parents or by a decision of the court. But, after it is awarded, the non-custodial parent has to provide monitory support to the partner till the kids attain the age of maturity.
Laws related to child support in Illinois
The support laws in Illinois are based on the federal law for the same. But, it is implemented with certain modifications that are suitable for the state. Laws regarding this matter consist of various provisions for parents, and total calculation of the amount. It is an obligation for the parent who has not been awarded a custody by the court. It can not be avoided under any circumstances. Support laws are quite strict in the state of Illinois. The final decree of the court is to be followed from the date of issue. Any changes regarding the employment of the parent, residing place, termination from employment should be informed to the court within the specified period. Following are some important provisions regarding child support payment in Illinois:
- Calculation of support amount : The court decides the amount by hearing the legal presentation from both sides. Calculation of the amount payable as a support depends on various factors. These factors are:
- Net income: Net income usually includes income earned by all income sources. In this case, the net income of the parent responsible for custody is measured. It includes the interest on loans given, income from business, steady employment, income on assets invested, etc. Net income determination can be confusing sometimes, as it includes detailed analysis of income sources.
- Number of children: Number of kids and net income decides the percentage of exact amount. Generally, 20 percent from net income is the maximum amount that can be obligated. If kids below the adult age are more than five, this percentage may go up to fifty percent from the net income.
- Needs of children: While calculating the amount, the most important factor that is taken into consideration is the need of the issues. The education needs and other related expenses are measured and divided between the spouses. The desires and aspirations of the child are given first preference by the court.
- Maintenance of standard of living: In order to save the little ones from suffering through the bad consequences of a divorce, the court tries to keep same conditions of living as they were before a divorce. Thus, the maintenance for keeping an exact standard of living is to be shared by other partner.
- Other expenses: These expenses include all medical expenses related, treatment charges for any kind of disease, if any. Also, the expenses for social and personal development. The partner may need to pay rental charges of hostel and fees for other activities.
- Needs and income sources of a parent: The court considers the needs of the non-custodial partner and his or her monitory requirements. If a partner is involved in a business, the fluctuations in profits are considered by the court while deciding the amount. The property division at the time of divorce is also a factor that is included in this category.
- Termination of the obligation: The child support in common civil divorce Illinois is terminated once the concerned one attain the age of maturity. The age of emancipation from this obligation is specified as age of 18 years by law. After the 18th birthday, the support order automatically gets terminated.
- Fine in the case of failure to compliance: The court can punish a parent if he fails to pay the required child support to ex-spouse. The punishment may be a fine or imprisonment for contempt of the court order. Also, the law may enforce you to use your assets in order to pay the balance amount. Any kind of ignorance in this matter is treated as an offense by the court.
In this way, child support guidelines in Illinois can be explained. Support payment is a disputable issue between spouses. It consumes a lot of energy and time. So, it is advised to take a mutual decision that is favorable to both sides rather than waiting for a court decision.