Custody changes in Chicago can affect child support. For instance, if the obligor (the person paying child support) has more parenting time after the change, then his or her support obligations may decrease. Overall, what happens to child support when custody changes depends on the time the child has with each parent before and after the change, both parents’ financial abilities, the child’s needs, and other factors.
Child support and child custody involve many nuances. For help, call The Rogoff Law Group at (847) 768-2194.
Child Support Guidelines in Illinois
Illinois uses the income shares model to determine child support matters. This model considers multiple factors, a major one being the parents’ combined incomes. It ideally gives children a standard of living that is the same as or close to what they would experience if their parents were together. In some cases, it may even cover college expenses.
Support for tuition and other college expenses may be called non-minor support, and the courts consider it on a case-by-case basis. For instance, at the University Of Illinois Chicago, tuition and fees generally cost $15,744 for one school year. Both parents plus the child might make contributions to this bottom line.
The calculation of child support involves the consideration of:
- Parents’ combined incomes: The court may divide support obligations proportionally based on each parent’s income.
- Number of children: More children usually means higher amounts of child support.
- Parenting time: If a noncustodial parent gains more time, child support amounts may change.
- Child’s needs: Special needs can affect child support amounts, as can educational expenses and other financial matters.
- Parents’ financial resources: The state considers each parent’s debts and resources to better determine the parents’ ability to pay child support.
Life circumstances often change. If they are significant enough, child support modifications may be necessary.
How Do Custody Changes Impact Child Support?
Courts generally hold that custodial parents contribute directly to a child’s daily needs. They pay child support this way. However, what happens to child support when custody changes? Many things could occur.
Parenting Time Increase for Noncustodial Parent
In Illinois, “allocation of parental responsibilities” is the new legal term for custody and visitation. It includes decision-making authority and parenting time.
The court may require that the noncustodial parent pay less child support if he or she gets more parenting time. The logic is that the more time a parent spends with a child, the lesser the financial burden on the other parent.
Primary Custody Change
Primary custody may shift from one parent to the other. This change can reverse the roles of obligor and recipient of child support. The primary custodial parent could now be receiving child support instead of paying it.
Shared Physical Custody Change
A parent may gain joint custody, meaning the child now spends significant time with both parents. In such situations, child support obligations may undergo adjustment to reflect the approximately equal division of parenting time and expenses.
Other Factors
Many factors may affect how custody changes influence child support. One is if the custodial parent’s income is reduced. The court may require that the noncustodial parent pay more support if the custodial parent experiences a major drop in income.
A substantial change in the child’s needs is another variable. Children’s needs may include medical expenses and educational requirements. Child support amounts can increase or decrease when these needs change.
Parental relocation may have a huge effect, as well. Moving can affect child support dynamics, particularly with parenting time and any travel expenses for visitation. Whatever the case, a change must be substantial enough to justify revising the support order.
How Your Lawyer Can Help With Child Support Modifications in Chicago
A child support lawyer can be a huge help figuring out what happens to child support when custody changes.
Validity of a Request
When you seek to modify a custody order, it does not always mean the legal threshold for child support modification is met. Your lawyer can assess whether the changes in custody or other circumstances are enough to justify a modification of the child support order.
Petition for Modification
Among the common mistakes to avoid in child support cases is waiting too long before filing a request with a court. Your lawyer can file a petition once you realize there is a need. The petition should explain the changes in circumstances, such as custody adjustments, and provide evidence to support the modification request.
Negotiations
In some cases, parents negotiate child support between themselves without court intervention. If you and your co-parent want to go this route, your lawyer can represent your interests in these discussions. The overall goal is to reach a fair agreement that meets the child’s needs.
Court Representation
In complex cases or situations where the parents cannot agree, your lawyer can represent you in court. His or her job is to present your case and advocate for child support, reflecting the custody changes and other relevant factors.
Compliance
Some parents struggle to comply with new child support or custody orders for various reasons, including confusion or the newness of the change. Hostility may be another reason, and child abduction by parents may accidentally (or purposefully) occur.
Your lawyer can help make sure both parents follow the new court order. Working with enforcement agencies may be necessary as part of what happens to child support when custody changes.
Child support issues can be ongoing, especially as circumstances change. Having a lawyer for advice as time goes on can be invaluable.
Documentation
Documenting changes in child support is important, and your lawyer can help with this. Proper documentation reduces the risk of disputes and makes enforcement go more smoothly.
Find out how custody changes in your situation could affect child support. Contact us at The Rogoff Law Group to discuss your case.
