The Importance of a Court Order for Child Support

 Posted on January 15, 2013 in Divorce

NOTE: A new law defining how child support is calculated in Illinois goes into effect in July 2017. For more information, please visit our Child Support page.

When determining child custody, it can be a long and difficult road to walk, especially if the divorce is less than amiable. Despite the difficulties in ceasing to trust the co-parent of your child, there are some important things to keep in mind when determining child custody, according to the Huffington Post. The first is that child custody needs to be determined by court order—not just by words and a friendly agreement—before the child is sent to visit the other parent. Obtaining a court order is the first step to enforcing child support payments, and is best done with the assistance of a qualified and experienced divorce attorney. To enforce a child support order in Illinois you first need to be aware of the state laws. According to a publication from Southern Illinois University, “the law which governs most of the area of child support in Illinois is the Illinois Marriage and Dissolution of Marriage Act.” The amount of child support that a non-custodial parent should pay is determined by statute. One child is 20%, two children: 25%; 3 children: 32%; four children: 40%; 5 children: 45% and 6 or more children 50%. Most of the time child support is paid by deducting the amount from the supporting parent’s salary at the time he or she is paid. Keep in mind that if the supporting parent has never lived in Illinois, the state of Illinois cannot enforce any ruling to that parent if only determined in Illinois. The first step to enforcing a child support order is to prepare all necessary forms to start the process. The next is to file your petition, affidavit, and data sheet. Step three is to notify the other party of the Order, and step four is to wait and see if the supporting parent is served. The final steps are to go to the hearing, and to file the Certificate of Mailing with your County Clerk. Even when you know the steps, obtaining a court order for child support and then enforcing it isn’t an easy task. Don’t go through it alone. Contact a Kane County divorce attorney today. Image courtesy of FreeDigitalPhotos.net