I live in Illinois. Is it possible for me to stop paying child support all together, i.e., current as well as back child sup...
Full Question:
I live in Illinois. Is it possible for me to stop paying child support all together, i.e., current as well as back child support? If so, what do I need to do?
05/18/2007 |
Category: Divorce ยป Child Support |
State: Illinois |
#5217
Answer:
In every divorce proceeding involving children, the issue of child support will arise and those issues are governed by the Illinois Marriage and Dissolution of Marriage Act Sections 750 ILCS 5/505, 5/505.1, 5/505.2, 5/513. Those provisions essentially provide for the establishment of child support payments for the support of minor children, non-minor children and payment of educational expenses.
The traditional view is that both parents have an equal obligation to support their children. The court may order either or both parties to a dissolution of marriage proceeding to pay child support in an amount reasonable to provide for the child's necessary needs. The State of Illinois has enacted child support guidelines which establish the amount of support which is presumed to be correct. The court may deviate from the guidelines, however, when it finds that the application of the guidelines would be inappropriate, after consideration of the following factors: 1) The financial resources and needs of the child; 2) The financial resources and needs of the custodial parent; 3) The standard of living the child would have enjoyed had the marriage not been dissolved; 4) The physical and emotional condition of the child and his educational needs; 5) The financial resources and needs of the non-custodial parent. The court also is supposed to include in any order for child support a provision providing for the health care coverage of the child. 750 ILCS 5/505, 750 ILCS 5/505.2 The traditional view in establishing child support obligations or modifying child support obligations is that the financial resources of a new spouse are not to be considered in the calculation or determination of child support. That view took into account the lack of legal obligations a stepparent has towards the financial support of a stepchild. However, a court in 2000 held that a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support. The Court held that it was appropriate to consider the financial resources available to both parties in determining whether they could meet their individual financial needs in relation to the Court's order for contribution towards educational expenses. In this instance, the Court considered Mother's current spouse's income in determining her obligation towards contribution to those expenses and her ability to meet her monthly financial obligations. The Court evaluated Mother's "financial resources" and determined that her new spouse's significant income was a component of "resources" to which she has access, thus properly considered. The Court did not specifically limit the consideration of a new spouse's income to the issue of post high school educational expenses. Instead, the Court opened the door to consider a new spouse's income when calculating the basic child support obligation as well as those equitable considerations, which the court may order in determining a parent's total financial obligation for their children. Those considerations include potential deviations from the standard child support obligation based on considerations of new or additional children, ability to support oneself, contribution towards health insurance costs, uninsured health expenses, daycare expenses, and any other discretionary aspect of the child support component.