When most people think of child support and the associated responsibilities, they believe parental responsibility ends when their child turns 18 or graduates from high school. However, this is not necessarily true. Many parents continue that support through court-ordered child support payments requiring them to assist their child pay their college tuition. In Illinois, this is very common and is generally referred to as support of non-minor children for educational expenses. In most cases, a judge will issue this order based on the parent's financial situation and whether they can contribute to their child's college fund. 

If you are a parent and are interested in whether you and your ex-spouse could be required to contribute to your child's college expenses, consider contacting an experienced family law attorney who can help guide you through the process of ensuring you can develop a plan to help support your child so they can receive a college education

What to Know About Child Support and College Expenses

It is well documented that college is very expensive. As stated previously, the court will look at each parent's assets and income when determining how much each parent may be required to pay toward college expenses. In addition, the court will also look at the income and assets of the college student when making these determinations. If it is found that the student can contribute to help pay for their college expenses using their own income or inheritance, they may be ordered to do so. Notably, to standardize the process, Illinois courts use the average cost of a student attending the University of Illinois at Urbana-Champaign as the primary standard for their calculations. Parents will not be ordered to pay a total for a child’s education that exceeds the cost of tuition, room, and board at the UIUC, even if the cost of education at the child’s chosen school far exceeds that of UIUC. 

Losing your job and reliable source of income can turn the world of even the most financially savvy person upside down. This is especially true if you have recently gone through a divorce and have child support payments that need to be kept up with. If you have lost your job, you are likely wondering how you will be able to keep up with these payments. Fortunately, under challenging periods such as after a job loss, it is possible to modify monthly payments so that you can keep up with payments and provide for your children. If you have lost your job and want to inquire about modifying child support payments, contact a knowledgeable attorney to help you through the modification process to ensure your and your child’s needs are protected.

What is the Law in Illinois Regarding Child Support Modifications? 

In Illinois, when a couple with children goes through a divorce, the law stipulates that modifications can be made to child support payments if either spouse experiences a significant change in income, such as losing their job or an involuntary decrease in their salary. The court will examine your updated circumstances and then may move forward with granting a reduction in child support payments. Notably, the newly calculated payments will be retroactively established on the date you requested the modification of your child support payments. During this time, payments must continue to be made at the original level. Once the child support modifications have been approved, you can begin paying the new amount. 

It is important to note that modifications of child support can only be made due to unexpected events, such as losing your job, having your salary significantly reduced, or another substantial change happens to you, your child, or your ex-spouse, such as one of you getting diagnosed with an illness that involves significant medical expenses. Furthermore, you cannot voluntarily quit your job and request a modification in child support payments. 

Illinois law requires both parents to financially support their children. Generally, when parents are not divorced, separated, or never married, this means that one parent pays the other child support. The financial burden of raising children is high and is only expected to get higher, and families rely on child support payments to make essentials such as housing, clothing, and healthcare possible. 

If a parent stops paying child support, the financial burden on the receiving parent and the children can be immediate and overwhelming. It may be tempting to withhold parenting time or make other threats to try to obtain child support, but these strategies may ultimately backfire. Instead, read on to learn about your options for recovering unpaid child support and then contact an Illinois child support recovery attorney for help.  

When is the Law on My Side for Recovering Child Support? 

The first thing you need to do when getting the law on your side when it comes to child support is make sure you have an enforceable child support order. A verbal agreement between parents may have worked when times were good, but without a court-ordered child support order, the law has no teeth. If you do not have a child support order, getting one needs to be your first priority. 

Anyone who is a parent knows that to care for a child is to expect the unexpected. Children are constantly growing, learning, and making mistakes, and their needs are constantly in flux. While child support payments are ordered after a divorce or separation and are meant to cover a child’s basic needs, a sudden change in circumstances can make caring for a child become much more expensive. If you are wondering whether you can petition a court to modify your child support payments to cover new expenses, read this brief overview and contact an Illinois child support attorney. 

Can I Ask for More Child Support if My Child’s Needs Change? 

A child’s needs can suddenly or unexpectedly change for many different reasons. These include, but are not limited to: 

• The child developing a chronic illness

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Child support payments are an important part of life after divorce. They ensure Illinois parents can share the expense of raising children in a reasonable and fair manner, and child support allows children to enjoy an appropriate quality of life following their parents’ divorce. 

Illinois law recognizes that children become independent adults when they turn 18 years old or graduate from high school, and child support payments are generally terminated at that time. However, some children have disabilities that prevent them from transitioning into independent adulthood right away and some children are never able to do so. For adult children with disabilities, continued child support payments can help ensure that they are cared for and given the highest quality of life possible. 

How Does Child Support For a Disabled Adult Child Work? 

Each family’s circumstances are unique, and ongoing adult child support arrangements will depend on the needs of the child and the ability of the parents to pay. Illinois child support payments are calculated according to the “Income Shares” model. The Income Shares model uses a pre-existing formula to determine payments using both parents’ income and the amount of time the child spends with each parent.