Both parents are legally obligated to provide for their children even if they are legally separated. Usually, the parent who lives with the child receives some monetary support from the other parent to be used in the child’s upkeep. This is known as child support, and the amount varies depending on various factors.
Under Illinois law, the amount of child support considers the best interest of the child and is based on the following:
- The financial resources and needs of the child
- The standard of living that the child would have enjoyed if the civil union or marriage had not been dissolved
- The financial resources and needs of the parents
- The physical and emotional condition of the child as well as their educational needs
Other factors are taken into account when determining the amount of child support, including the cost of living and the number of children being supported. In the end, the amount of child support should be reasonable and in line with the financial position of the paying parent.
A child support order is legally enforceable
If a child support order is issued or approved by the court, it is legally enforceable. The non-custodial parent must pay up, and legal action can result if they fail to do so. The consequences of nonpayment may include being held in contempt of court, suspension of their driver’s license and even criminal prosecution, among other enforcement mechanisms.
However, if the paying parent’s financial status has drastically changed, the court may modify the child support orders upon request. Whatever your position, it is important to know and safeguard your legal rights. Understanding the intricacies of family law regarding child support will ensure that your interests are well protected.