Full question:
I live in Illinois. Is it possible for me to stop paying child support all together, i.e., current as well as back child support? If so, what do I need to do?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Illinois
Answer:
In Illinois, child support obligations are governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505, 5/505.1, 5/505.2, 5/513). Both parents are typically required to support their children financially. The court can order either or both parents to pay child support based on the child's needs and the parents' financial situations.
To stop paying child support, you must demonstrate a significant change in circumstances. This could include changes in income, employment status, or the needs of the child. You may also seek to modify or terminate back child support obligations, but this requires a court order.
It's important to note that the court may consider various factors when determining child support, including:
- The financial resources and needs of the child;
- The financial resources and needs of the custodial parent;
- The standard of living the child would have enjoyed if the marriage had not ended;
- The child's physical and emotional condition and educational needs;
- The financial resources and needs of the non-custodial parent.
In some cases, the income of a new spouse may be considered in determining child support obligations. A court may evaluate the financial resources available to both parents to ensure they can meet their obligations.
To proceed, you should consult with a family law attorney who can guide you through the process of modifying or terminating your child support obligations in Illinois.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.