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Fairness in Child Support: Keeping the Divorce Process Agreeable

Admin • May 28, 2020

Child Support Discussion — Bloomington, IL — James D. Bass, Attorney At Law

The emotions felt during a divorce can intensify when the discussions turn to children and finances. Disputes may arise during otherwise friendly divorces once child support enters the agreement. Every couple reacts differently and has different needs, so it benefits everyone to consider the variety of ways to decide on a fair support amount.

Follow Court Orders

A judge can order an amount for the non-custodial parent to pay to the other parent. The non-custodial parent pays an amount based on their net income, and then adjustments may take place based on various factors. In Illinois, some factors could include future college expenses, the emotional needs of the child, and the couple's prior standard of living.

The decision to use this method saves negotiation time. It takes some stress away from the custodial parent because they do not need to request an amount. It also takes away control from both parents who may not always agree with the amount for many reasons.

Using standard support amounts is a suitable option for parents with custody who do not believe their former partner will agree to any request they make for support. The court order uses the guidelines established by law, so it takes place with no bias towards either parent.

Customize by Need

Not every custodial parent will need as much support as a court may order. Many things can affect how much financial help people need. A custodial parent may work from home or move in with their parents, so they may have lower than average childcare costs or housing expenses. Some parents may need much more than the law recommends.

A non-custodial parent may struggle to make ends meet. Personal expenses like student loans or medical costs could put them at the poverty level if they also owe a large child support payment. Consider that of the 15 million unpaid child support cases in the United States, around 70 percent of the debt belongs to parents who make under $10,000 per year.

Some couples may find it preferable to agree on an amount together based on needs and ability. The agreements only work when non-custodial parents share the responsibility fairly. Decisions like these still need to take place with help from a lawyer or judge to ensure legal documentation of the agreement.

Adapt Over Time

Some couples may prefer flexible support amounts that allow regular changes throughout the year. Or the agreement may require people to negotiate again as personal circumstances change. Detail allowable adjustments in the court documents, and insist that any changes not listed will require an additional mediation agreement in a lawyer's office.

Examples of changes could include when a non-custodial parent completes their student loan obligation and has more money available. A parent may have children with another partner and can pay more when the other children turn 18. Support payments may even go on hold through the summer as the child spends more time with the other parent.

Agreements should also include emergency-based increases. Extreme situations like a sudden disability of a custodial parent or a health crisis for the child could increase financial need. A support agreement can include either a plan for the non-custodial parent to pay more or to at least allow negotiations for an increase to take place.

The U.S. has 13.6 million custodial single parents, and only about half have a child support agreement in place. Every custodial parent should expect the other parent to contribute to the care of their child. At James D. Bass, Attorney at Law, we believe that support agreements should take priority during a divorce. Our firm can help. Contact us today to schedule an appointment.

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