Not every child’s educational needs and situation are the same. In addition, two parents may not agree on what type of education is best for their child. One parent may wish to send their child to a private school, while the other may oppose it. An Illinois family law attorney can advise you on how to handle this situation. Any dispute could end up in family court if the parents cannot reach an agreement.

The Best Interests of the Child Test Applies

Every child custody decision in Illinois is made after considering the best interests of the child. This holds true whether the issue of private school is raised during the divorce or any time afterward. Some things that a court may take into account include:

• The child’s educational history
• Any special needs that the child has
• Family history of attending private school
• The child’s performance in school
• Any special abilities or aptitudes that the child has

The Court Will Consider Other Factors

A court will often consider whether the child was already in private school before the divorce. If the answer is yes, the court may imply that the parents have already agreed that private school education is in the best interests of the child. A court may hesitate to take a child out of private school in the interests of stability.

Child support is a crucial aspect of raising a child whose parents are not married, and it is the responsibility of both parents to support their child financially. However, in some cases, one parent may not fulfill their obligation to pay child support. This can create financial difficulties for the parent responsible for the child’s primary care. In Illinois, various strategies are in place for securing unpaid child support and enforcing court orders.

Strategies for Collecting Unpaid Child Support

Several strategies can be used to collect unpaid support when a parent is not paying child support.

• Wage Garnishment- This is a legal process in which a portion of a person’s wages is withheld from their paycheck. This can be done through the court system with an experienced attorney who knows the process.

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Parenting after a divorce can be a challenging proposition. A single parent’s struggles are only made greater by an ex-spouse who has stopped paying child support. While your ex-spouse may provide excuses about why payments have stopped or are behind, obligations for child support are court-ordered and not subject to modification by the parties involved. Only the court can approve a modification, and only then with a legitimate and qualifying reason. To ensure your child support payments are made on time, the first step is to contact an experienced child support enforcement attorney.

Options for Child Support Enforcement

Child support payments serve to assist the parent with the greater allocation of parental responsibilities to provide basic needs for their children. If those payments are late, less than required, or stop altogether, it could have a serious impact on the children’s life and wellbeing.

While payments are set up based on the circumstances of both spouses at the time of the divorce, including the parents’ net income and the number of children, Illinois law recognizes that circumstances can change in the months and years that follow. Modifications to child support payments can be considered by the court, including if the payor has lost their job, has taken an involuntary cut in pay, or has become sick with a major illness that impacts their ability to make a living.

Every parent wants to see their child grow up to be a successful adult. Post-secondary education, whether at a university, community college, or technical training, can be incredibly important for a young adult’s career and earning potential throughout their lifetime. After a divorce, you may be unclear about who is responsible for providing financial assistance for your child’s college expenses, especially since they are no longer a minor. Under Illinois law, unlike most other states, a spouse can seek financial support from their ex after a divorce, even after the child turns 18.

Educational Assistance After a Divorce

While in many divorce cases, child support payments end after the child turns 18. However, Illinois law allows a divorced parent to seek educational expenses for their child from the other parent. Many divorcing parents may come to an agreement on each’s share of postsecondary education costs, either as part of the divorce settlement or in post-divorce agreements. However, if there is disagreement on the amount of support or even whether support should be provided, the case may end up in court. A judge will decide on each parent’s share of educational expenses based on their financial situation, as well as the financial resources that the child has or could obtain through financial aid or scholarships.

The share of education expenses that the parents are responsible for covering can include tuition, room, board, books, medical insurance, other medical and dental expenses, transportation, and other reasonable living expenses. The student is responsible for maintaining at least a C average. The amount is limited to the cost of in-state tuition, fees, and on-campus housing at the University of Illinois at Urbana-Champaign during the same year unless good cause is shown for the need for higher costs. The student, in most cases, must be no older than 23 to receive the support.

After a divorce, many parents take a while to get used to their new financial situations. If you have taken on more of the parental responsibility and parenting time, you may be receiving child support payments. The payments may have been ordered by the court or you and your ex-spouse may have come to an amicable resolution and worked together to negotiate an agreement that met the needs of the children and the legal requirements.

Regardless of how it was determined, the payment amount reflects the situation of both parents at the time the divorce agreement was finalized. But, situations can change as people move, get new jobs, or develop new medical conditions. Illinois law allows for modifications to child support and spousal maintenance payments based on a variety of factors.

Changes in Child Support Payments

Child support payments are largely based on the incomes of both parents and the number of children being supported. If one parent has more parental responsibility and parenting time, those differences will also be considered when determining child support payments. Other needs that your child may have that can be taken into account when negotiating child support include daycare and education tuition, medical needs, and extracurricular activities.