Illinois parents who are incarcerated will be able to file for a modification of child support under a rule that Barack Obama signed and which went into effect on Jan. 19. So far, the Trump administration has not indicated that it plans to roll the law back although this may change when more positions within the administration are filled.
Illinois residents might have heard about the divorce of former "The View" co-host Sherri Shepherd. Since her divorce in 2014, Shepherd has been involved in legal disputes over the parentage of a child that was born through surrogacy. The ex is now raising the child, and Shepherd is paying $6,400 per month in child support.
Divorced Illinois parents who have to pay child support should be aware that if their exes missed a payment, that doesn't excuse them for being responsible for it. The obligation to make delinquent child support payments will continue.
Child support can be arranged either through a court order or an agreement made by a couple during a divorce. However, just because parents owed support it does not mean that they will always receive it. When an individual fails to meet the obligations, it may be up to the custodial parent to determine the location of the non-paying parent.
The obligation to pay child support does not stop once an individual becomes incarcerated. A survey conducted in 2010 reported that 51,000 federal prisoners had child support requirements, and 29,000 of those prisoners were delinquent on those payments. Incarcerated individuals in Illinois and the rest of the country may benefit from recent regulations issued by the Obama administration to curtail state policies that can result in substantial child support debts for prisoners.
Fans of Daytime Emmy Award winner and television personality Sherri Shepherd may be interested in knowing that she may soon be heading back to family court. According to reports, the Illinois native's former husband and father of the ex-couple's young son, Lamar Sally, is seeking an increase in child support as well as an additional $75,000 in order to cover his associated legal fees.
If an individual in Illinois or any other state is behind on their child support, they may face penalties under the Child Support Enforcement Act of 1984. The legislation gives districts attorneys and state attorneys generals power to pursue payment on behalf of those who are owed back support. If payments are not made, noncustodial parents could be subject to jail time.
A large number of children in Illinois live in homes headed by single parents. The trend for children to be born to unmarried parents has increased over time, and today, around 40 percent of all babies that are born are born to unmarried people. In 2000, around one-third of all children who were born had parents who were unmarried.
The amount of child support payments ordered by Illinois courts is determined primarily by the income of the spouses. This is termed 'income driven" child support. This makes it very important for parents to understand what constitutes income under the law. While some income sources may be obvious, many others are less so.
During divorce proceedings, one parent may be ordered to pay child support. When setting a rate of child support, the financial needs of raising a child are taken into consideration. However, there are a number of every day expenses that are not covered in the court order. What is covered varies from state to state, and Illinois courts may issue orders that are different in this regard from other jurisdictions.