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Westmont child support attorneyMost couples enter into marriage thinking it will last “til death do us part.” Although that may have been more common years ago, statistics show that almost half of all marriages in the United States now end in divorce. Once the decision has been made to legally terminate a marriage, there are many issues that need to be resolved, such as asset and property division, spousal maintenance, and child support if a couple had children together. Child support in Illinois is determined based on several factors, and one question parents might have is what will happen if the paying parent falls behind on payments or refuses to pay altogether? Regardless of the reasons why a non-custodial parent may not be paying, he or she may face legal ramifications. 

Parental and Legal Obligations

Every parent is responsible for the emotional and financial well-being of their children, whether they are married, divorced, separated, or were never married. Several laws are in place to make sure children receive what they need to live a healthy and happy life. In most cases, the parent with the majority of the parenting time (the custodial parent) will receive child support payments from the other parent (the non-custodial parent). 

Child support payments are calculated by taking various factors into consideration, such as the income of each spouse, the children’s needs, and a parent’s other financial obligations. Illinois courts now use the “Income Shares” model when determining child support. With this approach, the total amount of child support is calculated based on the combined net income of both parents, and this obligation is divided between the parents according to the percentage of the combined income each parent earns.

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