Reasons Why a Parent Might Refuse to Pay Child Support in Illinois

 Posted on November 18, 2019 in Child Support

When parents get a divorce, they are still responsible for taking care of their children. How this is orchestrated may change, but every child has the right to receive support from both of their parents, emotionally and financially. This is why when parenting plans are created, a judge will likely keep both parents involved in the child’s life unless there are extreme circumstances, such as abuse. Child support is how the noncustodial parent will financially contribute to the child’s well-being. 

Determining Child Support

When child support is calculated in Illinois, both parents’ net incomes are considered using an "income shares" model. The numerical amount of support that parents are responsible for is based on their percentage of combined net income. The paying parent is usually the person who has the least amount of parenting time. Child support for the main custodial parent is implied. Money paid for child support goes toward basic needs, medical costs, and school expenses for the child only. 

Decisions about child support and parenting time are made in the best interests of the child. Still, the parent ordered to pay may fall behind or refuse to pay altogether. The following are reasons why a co-parent may fail to make support payments:

• Financial disagreements: Child support is to be used for the child, but parents may disagree on how exactly the funds are spent. The supporting parent may think that his or her money is being spent carelessly or poorly. For example, the custodial parent may decide that the child will purchase lunch at school, while the supporting parent may prefer to save money by bringing lunch from home. However, the paying parent cannot withhold court-ordered child support because of a disagreement about how this support is used. If there is a concern that the children's needs are not being properly met after receiving child support, the paying parent should speak to an attorney to determine how to proceed.

• Lack of finances: A parent may not be paying child support because he or she does not have the funds for it. Financial statuses may change due to the loss of a job or other sources of income after a child support order has been issued. If this is the case, the paying parent should speak to an attorney to determine the options for modifying the child support order. Failing to pay child support can result in serious consequences, and regardless of the reasons for non-payment, a parent will be required to pay any overdue support. 

• Hard feelings: If a parent believes he or she does not get enough time with his or her child, he or she may be reluctant to make child support payments. However, withholding money never benefits the child. Harboring bad emotions toward the other parent and trying to get back at him or her by not paying will only hurt the child, and it can also result in a variety of legal consequences.

Contact a Schaumburg Child Support Lawyer 

When a child is not 100 percent supported by both parents, his or her quality of life can suffer. If your ex-spouse refuses to make child support payments or does not pay them on time, contact an experienced and dedicated Rolling Meadows divorce and family law attorney. A. Traub & Associates will make sure your child receives the financial help he or she needs to thrive. Call our office today at 630-426-0196 to schedule an initial consultation.

Sources:

https://supportpay.com/ex-isnt-paying-child-support/

https://www.illinois.gov/hfs/SiteCollectionDocuments/HFS1759.pdf