Columbia Divorce and Family Law Blog

The rules dealing with child support in Illinois were revised in 2017. Judges in the state now look at the incomes of both parents after determining how much money is needed to take care of the child's basic needs. Prior to the 2017 law, only the income of the obligor was considered when child support decisions were made. However, obligors with child support orders that were issued prior to the new law's passage must still establish that either their circumstances or the needs of the child have changed significantly if they want the amount they pay each month to be reduced.

Child support modifications may be ordered if the obligor has lost their job or has a new job with a lower salary. Obligees could request a modification if the obligor's income has increased or the child's educational or health care expenses have risen. When judges in Illinois determine that a new child support arrangement is appropriate, the amount ordered will be calculated under the provisions of the 2017 law.

The Supplemental Nutrition Assistance Program, or SNAP, provides resources to about 40 million people in Illinois and across the country. It is not uncommon for children with only one parent to receive SNAP benefits. In fact, a child who only has one parent is 37% more likely to live in poverty compared to those who have both parents at home. This is partially because noncustodial parents do not comply with their financial obligations to their children.

The U.S. Department of Agriculture has asked state SNAP administrators to make child support agreements a condition of participating in the program. In 2015, a majority of low-income custodial parents did not have a child support agreement in place. By taking steps to ensure that they are in place, it could help to close the child support gap in the United States.

When someone other than a child's parent gets custody of that child, it is referred to as third-party custody. This generally only takes place when the biological parents either don't want their children or are unable to take care of them. Those in Illinois and elsewhere who want to obtain custody of a child must first show that they have standing to do so. For instance, a court may find that the person whom the child lives with could become a child's legal parent.

This person could be anyone from a grandparent to an aunt or family friend. Older siblings may also be allowed to adopt younger siblings if they demonstrate the ability to do so. If an individual is deemed worthy of petitioning for custody, it must still be shown that there is a good reason to allow the petitioner to have it.

There has been an increase in children born to unmarried individuals. This increase is seen across the country, including in Illinois. In the United States, it is estimated that 40 percent of children are born to unmarried parents. This is an 18 percent increase from 2007.

The legal system in the United States is based on the idea that a baby's parents are married to each other. One could ask what happens if the biological father does not want to be included in the child's life and is not listed on the birth certificate. Is it automatically assumed that the mother has sole custody of the child, or does the mother have to file for custody? This can be a sticky situation because some mothers may be concerned that if they do not file for child custody, an absentee father may reappear in the future and demand joint custody or demand regular visitation.