The Illinois legislature’s recent overhaul of the state’s child custody and divorce laws are far-reaching: even the state’s removal laws – what a custodial parent must do if he or she wishes to move with the child – are getting a makeover. Under the new laws, which went into effect on January 1, 2016, the term “removal” has been replaced with “relocation,” arguably in recognition that a move can be disruptive to the noncustodial parent’s visitation rights regardless of whether the move is in-state or out-of-state.
Over the next several weeks, parents throughout Illinois will spend hundreds of dollars (if not more) on holiday gifts for their children – including divorced parents. For some nonresidential parents (that is, parents with whom their children do not reside full-time), the holidays can be an especially trying time, financially speaking. While not wanting to disappoint their children by failing to purchase gifts, many of these nonresidential parents may find it difficult to make lavish purchases for their children because of the nonresidential parent’s child support obligations. Are there circumstances in which amounts spent on gifts or other items for your child can be counted toward your child support amount?
If you can not afford to make your child support payments, do not simply stop paying. Failure to pay your child support can lead to fines, loss of your driver’s license, wage garnishment and other monetary seizures, and even jail time. As a parent, you are legally required to financially provide for your child.