Child support is one of the most significant concerns during a divorce or separation, especially when it involves high net worth individuals or high-conflict cases. In Illinois, several factors determine child support obligations, including the income shares model, the number of overnights with each parent, and the enforcement methods available.
If you’re wondering how child support works in Illinois, how modifications can be made, and what to do if the other parent isn’t complying with the court order, this blog will explain the essential details you need to know.
How Child Support Is Determined in Illinois
In Illinois, child support is primarily determined using the income shares model. This model takes into account both parents’ incomes and the number of overnights each parent spends with the child. The idea behind the income shares model is to provide a more equitable distribution of child-rearing expenses, reflecting the financial contributions of both parents.
The number of overnights is especially important when calculating support. In many cases, a non-custodial parent can lower their child support obligation if they have significant overnight parenting time with the child. Illinois law specifies that the number of overnights should be documented carefully, and this figure can impact the support calculation.
Understanding Arrears and the Consequences of Non-Payment
Arrears occur when a parent fails to make timely child support payments. For example, if a parent is ordered to pay $1,000 per month but only pays $800, they will have $200 in arrears. Over time, arrears can build up, leading to serious consequences such as driver’s license suspension or even jail time in extreme cases.
In Illinois, unpaid child support accumulates interest at a rate of 9% annually. This interest is applied to the arrears, which can add up quickly and make the situation even more difficult to resolve. It’s crucial to address arrears as soon as possible to avoid further complications.
What to Do When Your Child Support Order Is Not Being Followed
While you cannot directly control the actions of the other parent, there are legal tools to ensure child support payments are enforced. One option is the State Disbursement Unit (SDU). The SDU helps ensure that child support payments are processed and sent to the custodial parent. However, this system is most effective when the other parent has a traditional job and is subject to withholding orders.
If the other parent is self-employed or a 1099 worker, enforcing child support payments can be more challenging. In these situations, the best course of action is to work with an attorney to file a petition for contempt in court. The court can compel the non-compliant parent to pay the overdue support and even impose penalties if the support is not paid.
How to Modify Your Child Support Order
In Illinois, child support orders can be modified if there is a substantial change in circumstances. This might include a job loss, significant salary increase, or other major changes that impact either parent’s income or financial situation. If you experience such a change, you should file a motion for modification of the child support order.
However, it’s important to understand that small changes in income may not warrant a modification. Typically, courts consider modifications when there is a 10-20% difference in income, but every case is unique, and the decision will depend on the circumstances.
If you’re unsure whether your situation qualifies for a modification, it’s best to consult with an attorney who can help determine the likelihood of success and guide you through the process.
Steps to Take if Child Support Is Not Being Paid
If you’re facing issues with non-payment of child support, one option is to initiate a withholding order. This order directs the non-custodial parent’s employer to automatically deduct child support payments from their paycheck and send it to the SDU. However, this method only works when the other parent is employed in a traditional job.
If the other parent is self-employed, enforcement can be more complicated. In such cases, filing a petition for rule to show cause or requesting a contempt motion through the court can be an effective way to seek enforcement.
It’s critical that you take action quickly if child support payments aren’t being made. Waiting too long can lead to additional complications, including the accrual of interest or other penalties.
Why You Need Legal Help for Child Support Issues
Navigating the complexities of child support, including determining payments, modifying orders, and enforcing compliance, can be overwhelming. A skilled family law attorney can help you understand your rights, ensure that your child support payments are calculated correctly, and take necessary steps to enforce compliance.
At Reidy Law Office, we specialize in handling child support matters, especially for high-net-worth individuals and those involved in high-conflict divorce cases. If you’re dealing with child support challenges, we are here to provide guidance and support.
For assistance with child support issues in Illinois, contact us at 708-505-8773 or visit reidylawoffice.com today to schedule a consultation.
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