Illinois law recognizes a child’s right to receive financial support from both parents, but this does not mean child support is calculated based on parental income alone. The marital settlement will name one parent as the “obligor,” and this parent will be required to pay a portion of their income to the other parent to help cover the child’s expenses. Most often, the obligor is a noncustodial parent, and it is assumed that the custodial parent is already contributing to the child financially. The goal of child support is to give the child(ren) the same quality of life they would have enjoyed if the parents had remained married.
Child support in Illinois is calculated using a precise formula detailed by law, but courts still have the discretion to require obligors to pay amounts in excess of this to support the child’s current lifestyle or needs, including:
Child support orders can also vary depending on the needs of the individual child or children involved. For example, if a couple has a special needs child, then the obligor may be required to pay more to help cover the child’s medical expenses.
To ensure that children receive the support they are entitled to, Illinois courts have established a detailed system for collecting and recording child support payments, and enforcement capabilities for when an obligor refuses to pay despite having the means to do so. The court may be able to garnish wages or tax refunds and in extreme cases, they may even send obligors to jail. It’s never a good idea to fall behind on child support payments, yet many obligors do become delinquent, often for the following reasons:
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