Columbia Divorce and Family Law Blog

As Illinois parents know, child support is usually the responsibility of the non-custodial parent. However, while this might be simpler to establish when one parent has custody and the other parent has visitation rights, the question of how child support is paid when parents share custody is more difficult to answer.

Joint custody, or shared custody, happens when parents split legal or physical custody of the child equally. This means that parents share the responsibility of the day-to-day raising of their children. So, while the Child Support Standards Acts governs child support obligations by parents, deciding how and when child support is paid during joint custody is a separate issue, particularly since states have different regulations and formulas for establishing child support amounts. In some states, when shared custody is concerned, child support is not established. In others, the child support amount is split in half and each parent is responsible for that half, or the amount is calculated based on the number of days a child spends with a parent. There are also states where the parent who has a higher income is determined as the non-custodial parent and continues to pay child support. In some cases, the parents reach an agreement about child support payments themselves.

Sometimes, a parent in Illinois will object to children staying at their other parent's home due to inadequate living accommodations. A child custody dispute could end up in family court where a judge will examine the situation and decide the issue. Although judges have some leeway when deciding individual cases, they will evaluate a parent's living accommodations, according to basic guidelines.

The gender and age of a child could influence a decision especially if the child is the opposite sex of the parent. A judge might want to ensure that an opposite-sex child has a private area for dressing, sleeping and using a bathroom. Age could become a factor because a judge might believe that an older child needs more room than a very young one. Available living space also matters when a parent needs to accommodate multiple children. A judge may or may not accept an arrangement that requires children to share a bedroom or sleep on a couch.

Some Illinois fans of the reality TV show "Southern Charm" may have heard that one of its former cast members, Thomas Ravenel, was detained in September on charges of assault and battery. His ex-girlfriend and TV co-star, Kathryn Dennis, responded on Oct. 26 by filing for a modification in their custody and visitation agreement. The two share custody of their children, a 4-year-old daughter and 3-year-old son.

Ravenel was detained on Sept. 25. Reportedly, his children's former nanny accused him of sexual assault, and a source says these charges are related to that. A woman he met on Tinder has also accused him of sexual assault. Through his lawyer, he has denied both charges.

Illinois residents may know that the breakup of Angelina Jolie and Brad Pitt began over two years ago. However, the pair is just now focusing on creating a child custody agreement for their six children, who range in age from 10 to 16 years old. Custody evaluations were court ordered, and the doctor assigned to the task moved forward with starting the evaluation process on Oct. 12.

Jolie has reported on several occasions that she is "focused" on helping her children recover from the breakup that has been so often aired in the public spotlight. She is supportive of the children rebuilding healthy relationships with their father. However, because Pitt has not significantly supported his children financially since the separation started, Jolie is working with her new divorce attorney to petition the court to set up a formal child support order.