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IL divorce lawyerFor those who have children and choose to get divorced, child support payments are inevitable. The parent who holds primary custody will often receive the child support payments since they spend the most time, and thus the most money, with the child. These payments are no longer percentage based. The court determines the amount of money needed to care for the child based on his/her parents’ income then divides this amount between the parents. The details of these payments are determined before the divorce papers can be made official; however, certain situations and life-altering events can result in necessary changes being made.

Recent Unemployment

Unemployment does not result in the ending of child support payments. The payments will simply no longer be taken out of your paycheck. If approved for unemployment benefits, the parent should then contact the unemployment office regarding their mandatory child support payments. These payments will then be deducted from their unemployment benefit wages.

Incarceration

If a parent becomes imprisoned and is required to pay child support, the parent can petition for his/her payments to be altered. Some courts will allow for the payments to be reduced or suspended while the parent is in prison. This is not always a guarantee. Often times, the judge will decide that the payments must continue to be paid throughout the parent’s sentence.

Death of a Non-Custodial Parent

The death of a non-custodial parent can cause extreme stress for a parent relying on this extra income to raise their child. There are multiple solutions that can be considered. If the deceased parent has a life insurance policy with the child as the beneficiary, the parent can begin collecting this money for the child immediately. Depending on the deceased parent’s previous employment, the child may also be subject to benefits from the Social Security Administration.

Death of a Custodial Parent

After deciding who will take primary care of the child, the payments will be determined. Payments from the parent's estate or a child support modification may be made if the other parent receives full-custody. If the child is placed into the hands of another relative, the payments should remain similar to their previous amount.

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Posted on in Child Support

Illinois child support lawyerWhen a child support order is created, it is created to provide for the child’s needs effectively based on his or her parents’ income level. It is rare for a child support order to remain appropriate until the child turns 18, the point at which most child support orders terminate. If you are currently paying or receiving child support and your order no longer covers your child’s needs, you can modify your child support order.

Child Support Orders Are Eligible for Review Every Three Years

In Illinois, a child support order can be reviewed every three years to determine if it still meets the child’s needs without creating an undue burden on the child’s parents. During this review period, you and your former spouse have the right to request a modification to your order. After requesting a modification, the court reviews your request to determine whether it is appropriate and applicable.

If you receive child support enforcement services from the Illinois Department of Healthcare and Family Services, you must prove that a modification would result in a difference of at least 20 percent of your current child support amount and one created with an updated application to state guidelines during this review period.

If an Immediate Change Is Necessary, You Will Have to Prove Why It Is Necessary

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Illinois divorce attorney, Illinois family lawyerIt is decidedly common for a noncustodial parent to be dissatisfied about the amount of child support that a court has ordered them to pay. However, this does not excuse them from paying it, even while a modification may be pending. If you are owed child support by your former spouse, this is referred to as an arrearage, and it must be paid, regardless of what other obligations your ex-spouse may have. In Illinois, there are various ways to collect on the debt.

Penalties for Non-Payment

If you owe child support and fall behind in payments without working out an alternative with your ex-spouse (or the court), the state of Illinois will be informed, and possibly federal authorities, depending on your location and the amount owed. If you attempt to disappear to avoid obligations, there are entities such as the Federal Parent Locator Service (FPLS) which exist to track down deadbeat parents, and you may be penalized more for attempting to shirk your commitments. In extreme cases, you may be jailed under the Illinois Non-Support Punishment Act.

If you are located, there are multiple ways in which the state or federal government may obtain the amount owed (in addition to any penalties assessed for your failure to pay), including withholding your tax refund to put toward the arrearage or garnishing your wages. In Illinois, a program called the Family Financial Responsibility Act (known colloquially as the “Deadbeats Don’t Drive” program) also has the power to suspend or revoke your driver’s license until arrearages are paid. It is important to remember that these methods are intended to collect the back child support owed, while any penalties assessed on top of that may have to be paid in a different manner.

When Support Ends

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Illinois divorce lawyer, Illinois family law attorneyWith the multiple issues that must be addressed during the divorce process, it is understandable that tackling the subject of your child’s future college expenses can feel overwhelming, especially when such educational concerns are not immediate. Preparing to fund an education set to take place in the very distant future may not be the first priority on your list while going through a divorce, but it is still an important task when it comes to securing the proper financial means for your child to expand their education down the road.

Who Is Responsible After the Split?

In many states across the nation, Illinois included, courts recognize a child’s need for a college education. This means the courts may have the right to order one or both parties in the divorce to pay for an array of college expenses for the child they share together. They may do this by tapping into the property and income of each parent, or even through the estate of a deceased parent. The law requires the petition for these funds to be raised within a certain timeframe.

Similar to awarding child support values, the amounts the court may order one (or both) of the parties to pay toward a child’s college expenses greatly depend on the circumstances, and the agreement must be negotiated. The court will take many factors into consideration before determining a certain amount. For example, at the time of the hearing, the party’s financial resources will be taken into account. The court may even look at a new spouse’s income. Say you remarry not long after your divorce and begin petitioning for financial help from your ex for your child’s college costs. If your new spouse makes a significant amount of money that raises your overall income considerably, the court may add that hike in income to the equation. So, the question of who is responsible for your child’s college costs will ultimately depend on a combination of these factors.

Which Expenses Count?

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