Supporting Children after Divorce

 Posted on March 04, 2014 in Divorce

Many marriages result in children. If that marriage fails, the children's needs must be addressed. The parent who seeks or gets custody of the child or children is called the custodial parent; the parent without custody is called the non-custodial parent. The classification is important in determining the issue of child support, and it gives the courts discretion in setting the level of support necessary.

What to Expect

As the custodial parent of the child or children, there are many difficulties which will need to be addressed. If you are working, those issues are compounded if the children are too young to care for themselves. Perhaps one of the most costly issues is that of child care for the young ones.

Because of the difficulties that a single custodial parent faces with child rearing, the laws are such that the non-custodial parent is made to pay a portion of their net income to assist the other parent. 750 ILCS 5/505 dictates the amount required, according to the number of children at issue. The custodial parent is entitled to child support for children under the age of 18, or 19 if they are still in high school. The statute was designed to take into account the best interest of the children in question. Accordingly, the established guidelines can be amended if the court can provide a reason for the deviation.

The circumstances for such a deviation vary, but the statute provides some guidance. In considering a deviation, the court will look to the financial resources of both the custodial and non-custodial parents, the standard of living prior to the divorce, and the individual needs of the children. For instance, special medical issues may warrant adjustments. Ultimately, the court will examine the totality of the circumstances and the evidence to fashion an appropriate amount for child support.

Because child support is viewed as an obligation, it is important that any child support orders be followed. Seek legal help if issues have arisen in connection with a child support order, so that your rights can be protected, and so that the children’s needs can be addressed appropriately.

Legal Help

Child support is a difficult and often contentious subject. Perhaps you are the custodial parent and there are issues with the amount or timeliness of the support to which your children are entitled; or perhaps you are the non-custodial parent and some changed circumstance has made it difficult to fulfill your obligations. Regardless of the situation, the Professionals at Goostree Law Group, can help. Contact via the website or call at 630-584-4800 to discuss your concerns.