illinois child support lawyers - Chicago Illinois Family Law Blog
Illinois’ Turn for Child Support System Overhaul: The Proposed System
In Monday’s blog post, we discussed the shortcomings of the current Illinois child support system, as reported by the Chicago Tribune. This child support payment system may make the family court’s job easier, but it can make things tougher and more frustrating for families.
The new income shares system aims to be more centered on the particular situation of the family. The income shares system still assumes that the child of a divorced couple is entitled to financial support equal to that he/she would have received if his/her parents stayed together. But, unlike the current system, this would be determined by how much each parent earns. Higher income means higher child support contribution. The amount of time a non-custodial parent spends with the child will also be taken into account. With the added level of fairness in this new system, long and contentious disputes would likely take less of the court’s time and alleviate any bitterness between the parents.
What are the Consequences of Failing to Pay Child Support in Illinois?
Thousands of parents are jailed each year in the U.S. for failing to pay child support, according to MSNBC.com. Many of these parents have willfully withheld or hid money out of spite or a feeling of injustice. Some, however, have not made the required payments due to financial instability or poverty. Across the country, all non-custodial parents who fail to make their agreed upon child support payments will be subject to the punishments set forth by the laws in their state.
Under the Illinois Non-Support Punishment Act, a person is guilty of a failure to support offense if she or he “willfully, without any lawful excuse, refuses to provide for the support or maintenance of his or her spouse, [knowing] that the spouse is in need of [it] … or, without lawful excuse, deserts or willfully refuses to provide for the support or maintenance of his or her child or children in need of [it] and the person has the ability to provide the support.”
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