Laws throughout the United States, including in Illinois, require both of a child’s legal parents to contribute to child support to provide for basic needs until the child reaches the age of 18. However, many children benefit from the financial support of their parents even after they reach adulthood, especially if they want to pursue a college education. In general, parents are not legally required to provide support under these circumstances, but Illinois law does include a provision through which both parents may be ordered to contribute to their children’s college expenses after a divorce or separation.

When Is a Child Eligible for Support for College Expenses?

Parents are, of course, free to make their own arrangements to contribute to their children’s higher education under any circumstances. However, after a divorce or separation, it may be best for a parent to pursue a legally binding order that ensures that both parents contribute. In these cases, an Illinois court will only consider issuing an order if the following criteria are met:

• The child must usually be under the age of 23, but support may continue until the age of 25 if there is a valid reason.

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A divorce involves many issues that need resolving, especially when children are involved. When determining child support, the financial status of both parents is seriously considered. If the non-custodial parent is providing support, the child’s medical expenses may cause an additional financial burden. These additional expenses could cause the judge to lessen the amount of support given to the custodial parent. Whether you are the non-custodial or the custodial parent, it is important to consult with a skilled family law attorney if you have any questions or concerns regarding your child support payments.

Determining Support

Child support calculations can be incredibly complex. Within the state of Illinois, child support payments are usually paid by the non-custodial parent to the custodial parent to provide additional financial support for the child’s basic needs such as food and clothing. Payments can also be used to fund tuition, transportation, housing expenses, extracurricular activities, and medical care costs. These factors, as well as the net income of both parents, will be used to determine the amount of support the custodial parent will receive from the non-custodial parent. 

During the COVID-19 pandemic, many businesses have had to lay off or terminate their employees for a period of time in an effort to stop the spread of the virus. Losing your job for any reason can be alarming, especially if you have children. Being unemployed can affect your finances, as well as your mental and emotional health. In addition, if you are a divorced parent, it can impact your ability to pay child support. In Illinois, child support is a legal order made as part of a divorce judgment, and the amount of child support payments is based on the needs of the children, as well as both parents’ financial situations. This type of support is meant to pay for children’s necessities, such as food and clothing. If you have recently lost your job, it is important to understand your rights and responsibilities regarding child support payments according to Illinois law.

What to Do if You Cannot Pay Child Support

Within the state of Illinois, you are required to follow the court's orders regarding payment of child support, regardless of your current circumstances. If you miss any payments while you are unemployed, you will still have to pay them at some point, and interest may be applied to past-due payments. Missing payments could result in significant penalties, including fines, the loss of your driver's license, or even jail time. To save yourself from potential legal trouble, you may be able to receive unemployment benefits that will allow you to meet your obligations, and you can take steps to modify your child support order based on your financial circumstances.

Child support refers to the money paid by one parent to the other parent to help financially support their child after the parents get a divorce. However, these types of payments may also be appropriate for couples who never married but had a child together. Typically, child support is paid to the parent who was allocated the majority of the parenting time with the couple's child. In Illinois, child support is based on both parents' net incomes, and an “income shares model” is used to calculate the amount of the payments. Child support arrangements must be approved by the court. Payments are typically made on a monthly basis, and a parent can face penalties if the support payments are late or if support is unpaid.

Child Support Uses

Overall, child support is intended to maintain the child’s well-being and guarantee all of his or her basic needs are met. The basic child support obligation determined using the income shares method is meant to cover the following types of expenses:

Child support payments are typically ordered by the court as part of a divorce decree, but child support payments can also be included in a legal separation agreement. In some cases, both parties may mutually settle upon the payment arrangement. Regardless of the situation (divorce or separation), there are laws in Illinois that ensure that child support orders are enforceable. However, even though child support orders are legally binding, some parents may still struggle to collect payments from a former spouse or partner. Disagreements over late, missing, or inadequate payments can create heated disagreements and high tension in both newly divorced couples and partners who have long been separated. If you are struggling to collect child support payments, a knowledgeable child support attorney can advise you of your legal options.

What Happens During a Child Support Hearing?

In the state of Illinois, a child support hearing may be conducted in one of two places: a courtroom presided over by a judge or through the Illinois Department of Healthcare and Family Services (HFS). During a child support hearing, each party will answer questions about their specific circumstances, which will allow the court to determine the correct amount of support. A couple who has not yet established paternity may need to address the issue of legal fatherhood first before a child support order can be issued.