Understanding how child custody works in Illinois can be challenging, especially with many myths flying around. Misinformation can lead to confusion and anxiety, whether you’re a parent expecting support or a non-custodial parent trying to understand your responsibilities.
Below are some misconceptions about child support you should be aware of to ensure you are fully informed when navigating this crucial aspect of a divorce.
1. Fathers always pay child support
Either parent can pay or receive child support, regardless of their gender. In most cases, the non-custodial parent pays support to the custodial parent since they bear most of the expenses related to raising the child. The amount may be adjusted if you share custody to reflect the time each parent spends with the child.
2. The child’s needs solely determine child support payments
Illinois uses specific guidelines to calculate child support, primarily based on a parent’s income and the number of children. As such, the court cannot order an unrealistic amount of child support based only on the child’s need if the paying parent lacks the financial capacity to meet that amount.
3. Child support payments are fixed
The amount of child support ordered is not permanent. Parents can petition the court for a modification if there has been a significant change in financial circumstances since the orders came to be. A family court judge may, for instance, lower the amount of child support if the paying parent becomes severely ill or suffers a job loss that makes it untenable to keep up with the payments.
4. Skipping child support payments is not that a big deal
Some assume that missing a child support payment or two is not a serious issue. However, these payments are a legal obligation that must be met. If you miss payments, they accumulate as arrears and even earn interest. Additionally, you will still be legally responsible for catching up on the missed amounts, and failing to do so could lead to undesirable legal consequences.
Seeking qualified assistance if you are uncertain about any child-support-related matters in Illinois can help you understand your rights and responsibilities toward fulfilling your role in supporting your child’s wellbeing.
