For the last 40 years, divorced parents in Illinois could be required to contribute toward the college expenses of their children, even after the children have turned 18 years old. Over the years, the law has been amended and clarified to specify that the matter is one related to the finances of the marriage and divorce rather than the direct support of the child in question. In other words, a child cannot file a legal action to get help paying for college from his or her parents, but one parent can ask the court to make the other parent help.

Illinois law does not, however, have the power to force married parents to pay for their child’s college expenses. According to a ruling by a DuPage County judge earlier this month, such a disparity is a violation of the equal protection guaranteed by the Fourteenth Amendment to the U.S. Constitution.

A Quick Recap

The purpose of child support is to help the custodial parent—that is, the parent who has more parenting time—pay the costs associated with raising the child. Although child support is most often paid by the father to the mother, both men and women can be recipients and payers of child support. Support payments can be significant, especially when there is more than one child in the family. Some divorced parents struggle to make child support payments on time and in full. If you are a parent who is currently struggling to pay your court-ordered child support, or if you are a parent considering divorce, you should know that there are options for those struggling to finance their child support payments.

Do Not Just Stop Paying

According to the U.S. Census Bureau, approximately 7 million custodial parents are owed child support at any given time. However, only about 3 million of those parents actually receive the full amount they expect. Sometimes deadbeat parents attempt to skip support payments because they simply do not want to pay, but more often, noncustodial parents simply do not have the funds necessary. If you are having trouble making ends meet and paying your child support, the worst thing you can do is to just stop paying. Never cease payments without letting the courts know. Parents who do not pay their court-ordered child support are at risk of having their wages garnished, tax refund withheld, occupational license, business license, or driver’s license revoked, property seized, and ability to get a passport revoked. In extreme cases, a parent who continually refuses to pay child support can even go to jail.

As any parent can tell you, children are expensive. Things like clothing, meals, healthcare, school supplies, and extracurricular fees are only a few of the expenses children bring about. When two parents split up or end their marriage, it does not mean that they become any less responsible for those expenses. The purpose of child support is to allow the child to enjoy the same quality of life that they had when the child’s parents were together. Some parents try to avoid paying their fair share of these expenses by skipping child support payments. Failure to pay child support can have serious financial and criminal consequences.

Possible Punishments

Each year, some $14 billion in ordered child support goes unpaid in the United States. In order to combat this, penalties exist for parents who do not pay child support. People who chronically avoid child support payments may:

Child support in Illinois used to be calculated as a percentage of the income of the non-custodial parent or the parent with fewer parental responsibilities. The law, however, was roundly criticized by many for being inequitable and for placing an unfair burden on the non-custodial parent. On July 1, 2017, a new law went into effect that has improved the efficiency and fairness of how child support is calculated.

The Old Law

Under the old law, there were two main factors in determining the amount of support to be paid: the income of the paying parent and the number of children to be supported. Critics found this unfair not only because paying parents did not get credit for the money they spent on their children but also because the law effectively punished a supporting parent financially for spending time with his or her child.

If you or your spouse is an active duty member of the U.S. military, there are some issues regarding which different rules must be followed during a divorce. One of these includes the issue of support payments or lack thereof. For example, a civilian might conceivably face garnishment of his or her pay or, in an extreme case, jail time, but an active duty service member has extremely important obligations that preclude such a punishment in most situations. Still, there are methods available that could help you to receive the support payments you are due.

Interim Guidelines Can Be Used

Because active duty personnel may be stationed overseas, they are often unable to appear in court to discuss issues like child support. While such matters are strictly civilian in nature, they are important enough that a spouse is generally given a chance to argue on his or her own behalf in discussing the. Each branch of the military service has established its own set of interim support guidelines that, if implemented, are used until the active duty spouse’s current tour ends. Then, he or she can then appear in court to discuss a more long-term support arrangement.