Law Office of Dawn R. Underhill
When Illinois ex-spouses have disputes over the financial aspects of raising their children, oftentimes the focus is placed upon the parents and their incomes. However, regardless of the parents’ situation, the goal of child support is to help the child, regardless of which parents is ordered to make monthly payments.
Accordingly, the parents’ conduct may not be much of a factor in setting the amount of child support that must be paid. Instead, state guidelines are typically used to calculate the amount of child support that must be paid. Once this is determined, the court will issue a legally-enforced order for payment.
At the same time, the parents’ situation may factor into establishing custody in the first place. Moreover, even if custody is certain, the first step for custodial parents seeking child support may be to establish legal paternity over the child in the case of unmarried parents. The child support order may then be entered similar to that in a divorce case after paternity is established.
In sum, while it is easy to focus on the parents in a child support dispute, it is important to keep in mind that the child should be the primary benefactor of Illinois’ child support statutes. For example, news recently broke that teenage rapper Chief Keef, an Illinois resident, is facing a child support lawsuit from the child’s mother, who happens to be underage.
Although there is a possibility that criminal charges could emerge from this case, Keef will likely not face prosecution since he and the child’s mother were underage at the time they had the child. Rather than focusing on the welfare of the child in this case, the media has chosen to focus on the more salacious details.
Regardless of Keef’s situation, however, the court will likely go about setting a child support payment in the same manner as any other case, especially since he is currently earning an income from his music career. Thus, since the couple was unmarried, the court would likely look to state guidelines to determine the proper amount of support, so that the child has the resources necessary to grow up healthy and happy.
Source: MTV News, “Chief Keef facing child support lawsuit from a minor,” Rob Markman, Jan. 22, 2013
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Illinois’ native facing child support suit in complicated case