There are many factors for a court to consider when it is ironing out child custody and child support agreements. The best interest of the child is always the top priority, but if we had to name the next most important element it could be the financial situation of the parents. Some of our clients ask us if this means that their ex will still need to pay child support if they make less money than they do. If other criteria for paying child support are met, then a spouse who earns less could end up making payments to their richer spouse. A Tazewell County child support lawyer from our firm can look at your particular situation and tell you more.
Which Parent Has to Pay Child Support?
In the vast majority of cases, the parent that has to pay is the noncustodial parent. This is the parent who the child spends less time with. Maybe they have visitation each week and they get the kids every other weekend. The assumption is that the custodial parent, the one who has the children the majority of the time, is going to end up spending more to meet their children’s needs.
So the custodial parent needs to do something else to help provide for their children, and that often means sending their former spouse money that can be used to buy clothing, food, and anything else their kids need. This is often the case even if there is a big difference in how much the spouses make. Everyone, no matter their economic status, is obligated to support their children in some way.
How is Child Support Calculated in Illinois?
When calculating the child support that needs to be paid, the court will look at the income of both spouses and the projected costs of raising children. Then how much support should be paid can be determined by how many overnights children have with the noncustodial parent.
It can seem complex, but our lawyers can make it easier to deal with. We’ll make sure that you get a fair deal here, whether your ex makes more or less than you.
Can Child Support Orders Be Modified?
Of course, life and financial situations can quickly change. If you believe that your child support order needs to be modified, it is possible to ask for a change. Three years need to have passed since the original order was made and there needs to be evidence of a substantial change in income for one or both parents. A change in the child or children’s healthcare costs could also trigger a modification.
Contact Our Law Firm
If you have any questions about child support or divorce agreements, we are ready to help you. Contact Butler, Giraudo & Meister, P.C. and ask to schedule a consultation. We can tell you more about how our firm can be of service.