Child custody battles can be contentious–and expensive–especially if the parents are at odds and cannot agree on a custody arrangement. Unlike some states, Illinois does not presume that joint custody is best for the child. Instead, custody determinations are based on the best interest of the child, and what is best for one child might not be what is best for another. Here are some of the factors that a court will consider:
- The wishes of the parents;
- The wishes of the child;
- The child’s relationship with his or her parents, siblings or other significant persons;
- How well-adjusted the child is to his or her current home, school, and community;
- Both the child and parents’ physical and mental health;
- Each parent’s financial situation;
- Whether there is a history of or potential for domestic violence or other abuse; and
- How willing a potential custodial parent is to facilitate the child’s relationship with the non-custodial parent.
If awarded joint custody, the parents must make major decisions about the child together, including medical treatment and where the child goes to school. Joint parenting, however, does not mean equal parenting time. Typically one parent is awarded residential custody, and the child lives with that parent. The other parent will have visitation rights and be responsible for child support. This arrangement is not for everyone, especially for parents who are not on good terms.
If one parent has sole custody, then that parent makes all major decisions regarding the child. The other parent may or may not be afforded visitation rights but will likely be responsible for child support.
State lawmakers are currently considering legislation that, in its original form, would have required courts to allot non-custodial parents more time with their kids. Some parents’ rights groups want Illinois to move toward equal parenting time, and the bill would have awarded the non-custodial parent 60 hours – 35 percent – a week with their child. The original language in the bill was scrapped though. In its current form the bill aspires to that standard but does not require it.
How a Court Calculates Child Support Payments
Illinois calculates child support based on the number of children involved and the supporting parent’s income.
Number of Children Percent of Supporting Parent’s Net Income
1 20 percent
2 28 percent
3 32 percent
4 40 percent
5 45 percent
6 50 percent
A court will deviate from these guidelines if it is in the best interest of the child. Here are some of the factors that might be considered:
- The child’s financial needs;
- The custodial parent’s financial resources and needs;
- The standard of living the child enjoyed before the marriage dissolved;
- What the child needs physically and emotionally;
- The child’s educational needs; and
- The non-custodial parent’s financial needs and resources.
Child support is not necessarily a one-time decision. If any of the involved party’s financial circumstances or needs change, then a court will modify the order in accordance with the best interest of the child. Custody, too, is not always forever. Because of the ongoing nature of these decisions, it is important to seek help from an experienced Illinois child custody attorney. Contact us today for a consultation. We can assist those in Chicago and its surrounding counties.