Enforcing a child support order when you and the supporting parent both live in the same state can be a hassle in and of itself. When the supporting parent moves to another state, the process can become even more confusing. Luckily, thanks to the standardization of child support laws throughout the country, states will typically assist you in enforcing a child support order issued by another state if the supporting parent is found to be located in that other state. Likewise, if you move after having been awarded child support and begin to reside in a new state, that new state will be able to assist you in enforcing your existing child support order.

Assistance with Enforcement May Not Necessarily Mean Assistance with Modification

Please take note: Just because a state will assist in enforcing an out-of-state child support order does not mean that the state will assist you in modifying that order. In many cases, the state that is requested to enforce an existing child support order will lack the jurisdiction over the other party to enter an order modifying the support order. For example, suppose that a supporting parent moves from Missouri, the state in which a child support order was issued against him or her and where the other parent and child reside. Suppose further that the supporting parent relocates to Illinois for a job. While the custodial parent could seek assistance from Illinois agencies in enforcing the Missouri child support order, the supporting parent would likely not be able to ask the Illinois courts to adjust the amount of support he or she needs to pay.

There are a number of myths circulating about child support in Illinois. Unfortunately, believing one of these myths can cause big legal headaches for you. Learn the truth about child support payments in Illinois:

Myth 1: I Can Send Child Support Payments Directly to the Other Parent

Facts: There are many reasons why it is a bad idea to send your child support payments directly to the other parent. First, if the other parent claims he or she never received your payment, the dispute will descend into a “he said/she said” situation that is difficult to win. Next, submitting your payment to the court (or the agency designated in the child support order) is the surest way to demonstrate to the court that you have satisfied your obligations. Finally, in some cases it may be illegal for the other parent to receive child support directly. In summation, only send your child support payments to the address listed on the order.

When a couple divorces or otherwise separates, both parents have a legal obligation to support their minor children. Under Illinois law, a parent’s child support obligation normally terminates when a child emancipates. Emancipation occurs when a child turns 18, or 19, if the child is still attending high school. However, there are circumstances in which a parent will be required to provide his or her child with some form of financial support beyond the age of emancipation. For this reason it is critical to have the aid of a family law attorney who understands Illinois child support laws and knows how to best represent the interests of a parent with a child who may need extended financial support.

Supporting the Disabled Child

First, if a child is disabled in some way, a parent’s obligation to support that child may last beyond the age of majority. If the child’s disability is severe, each parent may have a life-long obligation to financially support the child. If it is in the best interests of the child for a parent to pay child support beyond age 18 or 19, then the court has the right to deviate from the Illinois Child Support Guidelines and order that parent to continue to pay child support. The court can take a variety of factors into account in deciding whether to order continued or increased support for a child who has reached age 18 or 19, but who is disabled. These factors may include the physical, emotional, and educational needs of the child, as well as the child’s ability or inability to be self-sufficient.

Can someone really go to jail in Illinois if they fail to pay child support? It seems like the answer should be “no” – after all, if the court is concerned about child support obligations being paid, why would they lock obligors up in jail where they cannot make any payments? Unfortunately, as some obligors learn the hard way, courts are all too willing to put obligors who fail to pay their child support obligations in jail.

This can cause serious problems for the obligor parent, including losing his or her job. Learn more about why a court might order an obligor parent to jail for failing to make child support payments and how you might be able to avoid jail if you fall behind on your child support payments.

“I Thought Jail Was Only for Criminals!”

Divorce is the last thing a newlywed couple wants to consider in regards to their future. Yet sadly, not every couple remains happy throughout the course of their marriage. Marriages can result in separation, divorce, and eventually remarriage. While current statistics indicate that the remarriage rate has decreased 40 percent over the past 20 years, there are individuals who continue to embrace the opportunity to remarry. And surprisingly, when divorcees remarry, the new spouse may be required to contribute to child support payments.

Traditionally, new spouses were not considered when calculating child support payments because stepparents do not have a legal obligation to support their stepchildren. However, the law on this issue progressed with the Illinois Appellate Court decision. In the Marriage of Drysch, it was decided that "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support."

Specifically, the court decided “it was appropriate to consider all of the financial resources available to both parents in determining whether they could meet their individual financial needs and still comply with the court's order for contribution towards their child’s educational expenses.” Hence, this decision “opened the door to consider a new spouse's income when calculating the basic child support obligation.” Courts are still required to “consider both the guidelines and any other factors that might support a potential deviation from guidelines.” These include: