Frequently Asked Questions about Child Support

-  Can a court order an employer to deduct child support from the supporting parent’s salary and pay it directly to the receiving parent?  Yes, as long as the supporting parent is employed at a job. If the supporting parent is self-employed, much of his or her work income is in cash tips or payments, or is on a straight commission without a draw, this device will no be helpful. -  Can the Illinois support order be stated in terms of a percentage?  No. The support amount would then vary as the paying parent’s income varies. The statute requires that the support order be for a definite dollar amount; a percentage order will not be valid. -  If a supporting parent is unemployed, can the court require him or her to work and pay child support?  Yes. The court may order him or her to seek employment and report periodically showing his or her efforts to find work and to participate in governmental job search, training or work programs. -  What happens if the supporting parent is ill and can’t work or loses his or her job?  Child support will accumulate and the court will not be able to erase the accumulation. The parent who is unable to work needs to immediately seek Illinois court intervention and file a petition to modify or abate the child support. Once the petition is filed the court is able to abate or reduce the child support because of the change of circumstances. -  If the supporting parent is very wealthy or earns a very large income, can the court award a larger amount?  The trial court may award support in excess of the guidelines. The court takes into consideration the lifestyle of the supporting parent and also the custodial parent. The source of the custodial parent’s income, such as public aid, will not ordinarily impact on the amount the contributing parent is expected to pay. -  Can a reduction in child support be made if the supporting parent voluntarily takes a cut in income?  A reduction in income is a possibility. If the change in employment is made in good faith then modification of child support is possible. If the supporting parent loses his or her job, and it was not brought about by deliberate conduct intending to evade paying child support, it can be considered a material change in circumstances.  If a parent remarries, how is the new spouse's income viewed for child support?
If the new spouse has an income, it is not considered for support, because he or she has no legal attachment to provide support to a child. The additional income may allow the supporting parent to spend less, so more money might be available for the monthly support payments.

-  Does the death of a parent terminate support?  No. The support obligation may be enforced against the parent’s estate.                        
-  Will child support terminate upon a child’s death?  Child support may terminate upon a child’s death but a court order is necessary to end or modify support.
-  What about medical insurance for the children?
In Illinois this issue is typically addressed and taken care of in the Marital Settlement Agreement. It is important for the child or children to have coverage during the divorce process. A decision is made between the two parties, but it is the responsibility of the parent who can provide coverage due to his or her employment.
-  Should support payment stop if visitation is being prevented?
No, unfortunately each is a legal duty of its own. If a parent is deprived of visitation, he or she must still provide support. Visitation and non-payment of support must be petition in court separate.