Determining child support when both parents share custody
Divorced parents in Illinois may be required to pay child support based on how much time that they spend with their children. In some instances, those who have joint custody of their children will not be required to pay child support at all. However, it is possible for a judge to take a traditional support order and cut it in half when both parents contribute to the child’s upbringing.
A parent’s income could also play a role in whether or not he or she has to pay support. For instance, the higher earning former spouse may be deemed to be the noncustodial parent and ordered to pay support to the other. If this does not result in an order that is fair to both parties, a court can make alternate arrangements. It is also possible that parents will have a private agreement that makes a formal order unnecessary.
Another factor that may determine whether there is a need for a child support order include the ability of a parent to provide adequate housing. If a joint custody order results in a financial burden for one or both parents, that could be taken into account by a judge. A parenting plan may be used to determine what a child’s needs are and how they will taken care of by the parents.
When parents divorce, child custody issues may be a point of contention even if the divorce is a relatively amicable one. An attorney may be helpful in using state law and other facts in a case to help a parent obtain custody and child support if necessary. Legal counsel may also make it easier to help a parent obtain visitation and other rights if a mother or father is not granted custody of the child.