You Cannot Forfeit Your Child’s Right to Child Support

 Posted on December 01, 2015 in Child Support

While divorce is certainly a commonly addressed area of family law, issues of child support are even more common. In order for a couple to get divorced, they must have already been married. Child support, on the other hand, is not dependent upon a legal relationship between the parents. Instead, it is based on provisions in the law codifying the moral obligation of a parent to contribute to his or her child’s well-being. Legislating a parent’s love and attention is obviously not possible, but the state does have the authority to enforce financial obligations, which it may do through orders for child support.

Right of the Child, Not the Parent

In most situations involving divorced, separated, or unmarried parents, one parent is designated as having primary residential responsibility for child. This generally means that the parent is responsible for enrolling the child in school, as well as providing for a majority of the child’s basic day-to-day needs. When child support is ordered, it is typically the primary residential parent who receives the payments on behalf of the child.

Such arrangements make it easy for parents to assume that the right to child support belongs to the parent, since he or she is the one incurring expenses in caring for the child. The law, however, sees the situation differently. The right to child support belongs to the child, a distinction which can matter a great deal in certain situations.

Divorce and Parenting Agreements

If you are a divorced or single parent, you may not feel that pursuing your child’s other parent for child support is worth the hassle. You may have even reached an agreement with the other parent that you would not ask for his or her financial contributions. According to the law, though, that is not your decision to make. When such an agreement is presented to the court, a presiding judge has the authority to override your decision and require the other parent to pay support. You may be able to convince the court that support is not needed, but, in most cases, the other parent will probably still have some responsibility.

Similarly, a proceeding for child support can be started by the court or other government agency even if you did not file a request. The courts and related agencies are obliged to work in the best interests of child, which sometimes means making decisions in spite of what you think you want or need.

To learn more about the laws concerning child support in Illinois, contact an experienced Lombard family law attorney. The team at A. Traub & Associates is well-versed in all areas of family law and is ready to assist you in your case. Call today to schedule an appointment.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

http://responsibledivorce.com/legal/child-support.htm