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How Are Child Support Payments Made Following an Illinois Divorce?

Posted on in Divorce

DuPage County divorce lawyer for tax issuesWhen you are going through a divorce, the process of legally ending your marriage can be difficult, and that is especially true if you have children. In addition to addressing the allocation of parental responsibilities (formerly called child custody) and the amount of time children will spend with each parent, you will need to determine how to make sure your children’s financial needs are met. Each parent will have child support obligations that are based on the income earned by both parents and, in some cases, by each parent’s amount of parenting time. Typically, the parent with less parenting time will make child support payments to the other parent, although this is not always true, and the amount of payments will vary depending on the circumstances of each individual case. If you will be paying or receiving child support, you may have questions about when and how these payments will be made. 

Income Withholding

In many cases, the easiest way to handle child support payments is by having them withheld from the income earned by the paying parent. Arrangements for doing so may be made as part of a couple’s divorce decree, and the Illinois Department of Child Support Services (DCSS) will contact that parent’s employer and begin garnishing their wages. This allows for a convenient way to ensure that payments are automatically made from one parent to the other, and by having an outside agency handle the payments, it limits any disagreements between the parents. Wage garnishment may also be initiated by DCSS if a parent becomes delinquent in making child support payments, and the agency may also take measures such as suspending a non-paying parent’s driver’s license or withholding funds from their tax refunds.

Direct Payments

If garnishment of wages is not feasible, or if parents wish to use a different arrangement, they may agree to have the paying parent make child support payments directly to the other parent. This type of arrangement may be used if a parent is self-employed, unemployed, or is paid only on commission. While payments can be made using methods such as cash, online payments, checks, or money orders, this can make it difficult to maintain proof of payment. It may also be difficult to resolve conflicts over payments, and financial data may be insecure if payments are made digitally. In most cases, it is preferable for the paying parent to make payments to the Illinois State Disbursement Unit, which will then distribute the funds to the receiving parent. 

Contact a DuPage County Child Support Lawyer

The decisions made about child support during your divorce will have a major impact on your life going forward. If you need help determining the best way to handle these payments, or if you have experienced any issues receiving the child support that is owed, The Stogsdill Law Firm, P.C. can provide you with the legal representation you need. Contact a Wheaton divorce attorney at 630-462-9500 to schedule a consultation today. 







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