• Contact Us Today (618) 667-8407

  • Who Pays Child Support After a Divorce in Edwardsville, IL?

    December 3, 2018 | Blog
  • Divorce and Child Support in Edwardsville IL

    Divorce is difficult for any family to go through, and it’s more difficult still when there’s a dispute over money. Divorce law isn’t simple, but family law in Edwardsville, IL, is very similar to the marriage laws elsewhere in the state. These laws lay down certain rules for who pays child support in a divorce.

    The Elements of a Divorce

    divorce child support edwardsville il

    Every family is unique, but divorce law has more or less standardized across the country. Basically, every divorce consists of two elements for childless couples, and five for families with children. Those elements are:

    • Division of property and debts
    • Spousal support (alimony)
    • Custody of the children
    • Visitation rights
    • Child support
    • Child Support is About the Children

    Child support is in a class by itself in family law. Unlike alimony, child support is tax-free, for example. It is also a primary debt, one that gets paid (if it’s in arrears) before any other debt except taxes. Child support is supposed to be all about covering the children’s material needs at a level consistent with the parents’ ability to pay. Despite common beliefs, it is absolutely not tied to any other element of a divorce, such as visitation rights or property division.

    The most common way to cover child support is with a monthly check to the receiving parent, though this is far from the only approach. Some divorced parents work together well enough to share expenses more or less fairly, with or without a formal child support order. Other divorced couples have one parent pay for everything related to the children as it comes, such as school clothes and grocery bills, and then send copies of the receipts to the other parent for reimbursement.

    Who Pays Child Support When a Divorce Happens in Edwardsville, IL?

    child support agreement edwardsville illinois

    That leaves the issue of who, exactly, pays child support. In a sense, both parents do. Under a 2017 change to Illinois’ family law, courts no longer look at who has the children most of the time, the way they used to, and now calculate child support based on the “income shared” method. The way this works, the court imagines both parents still have a combined household budget. Then, the court works out how much of the kids’ expenses in that budget are currently being paid by the mother, and how much by the father. Whoever is, in practice, contributing less is then assigned child support to make up the balance.

    Illinois child support laws can get complicated. As with any family law issue, it’s always a good idea to consult with a lawyer to know your rights and obligations. Schedule a meeting with Levo-Donohoo, LLC if you have any questions about who pays child support when a divorce happens in Edwardsville, IL.