Ask Your Divorce Lawyers in Hampshire: Who Pays Child Support in an Illinois Divorce?

by | Jun 12, 2018 | Law

When couples get divorced, there are many things that they will need to consider for the courts to declare their marriage dissolved. One of the biggest things that couples must conclude on is what will happen in regards to the care of children. It’s very common to see children staying primarily in the custody of the mother, with the father paying child support – but that isn’t always the case. If custody is more evenly split, or if the father has majority custody, which parent pays child support? Here’s what you need to know:

What Factors Impact Child Support Rulings?

When determining both the amount of child support and the party responsible for paying it, courts look at the following factors:

  • Income of each parent
  • Childcare expenses
  • Cost of child’s healthcare
  • Which parent shoulders more daily costs related to raising the child (generally, the parent who has the majority of the custody)

So for example, if one partner earns significantly more than the other, they may be required to pay child support to the other. This has nothing to do with who is the mother or the father.

Why Do Fathers Usually Pay Child Support?

Usually the reason that fathers pay child support is that the mother often is assigned the role of primary caregiver. This means she’ll be shouldering things like childcare expenses and daily cost of raising the child.

However, even if the mother has majority custody, there may still be cases in which she must pay child support to the father. For example, if the father earns significantly less than the mother, but the father is covering the cost of healthcare for the children through his insurance policy, the mother may be required to pay child support to him to help cover the cost of this healthcare.

General Rule of Thumb

Although there are many exceptions like the example above, the general rule of thumb is that the parent who cares for the children the most often, doesn’t pay child support. Child support guidelines are there to assist the parent who has the children most often in caring for the children.

If you have other questions, or you are ready to start your case, contact the Casement Group divorce lawyers in Hampshire today by calling

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