Child Support Payments After Life Altering Events

 Posted on November 21, 2018 in Child Support

For those who have children and choose to get divorced, child support payments are inevitable. The parent who holds primary custody will often receive the child support payments since they spend the most time, and thus the most money, with the child. These payments are no longer percentage based. The court determines the amount of money needed to care for the child based on his/her parents’ income then divides this amount between the parents. The details of these payments are determined before the divorce papers can be made official; however, certain situations and life-altering events can result in necessary changes being made.

Recent Unemployment

Unemployment does not result in the ending of child support payments. The payments will simply no longer be taken out of your paycheck. If approved for unemployment benefits, the parent should then contact the unemployment office regarding their mandatory child support payments. These payments will then be deducted from their unemployment benefit wages.

Incarceration

If a parent becomes imprisoned and is required to pay child support, the parent can petition for his/her payments to be altered. Some courts will allow for the payments to be reduced or suspended while the parent is in prison. This is not always a guarantee. Often times, the judge will decide that the payments must continue to be paid throughout the parent’s sentence.

Death of a Non-Custodial Parent

The death of a non-custodial parent can cause extreme stress for a parent relying on this extra income to raise their child. There are multiple solutions that can be considered. If the deceased parent has a life insurance policy with the child as the beneficiary, the parent can begin collecting this money for the child immediately. Depending on the deceased parent’s previous employment, the child may also be subject to benefits from the Social Security Administration.

Death of a Custodial Parent

After deciding who will take primary care of the child, the payments will be determined. Payments from the parent's estate or a child support modification may be made if the other parent receives full-custody. If the child is placed into the hands of another relative, the payments should remain similar to their previous amount.

Kane County Child Support Attorneys

Going through a divorce and determining child support is difficult enough without various other life events complicating things further. It is crucial to have an experienced Kane County family law attorney when calculating or changing child support payments. At Shaw Sanders, P.C., we also serve clients throughout DuPage County, DeKalb County, Kendall County, and across Northern Illinois. If you are considering divorce or have found yourself in the middle of a large life event, contact us at 630-584-5550 for a free consultation.

Sources:

https://www.verywellfamily.com/unemployment-and-child-support-2997969?_ga=2.128568204.1481631997.1537809681-720075129.1537809681

https://www.verywellfamily.com/incarcerated-parents-and-child-support-2997981