5 Persistent Illinois Child Support Myths

 Posted on April 07, 2025 in Child Support

Divorcing parents in Illinois should understand all aspects of the state’s child support laws. First, child support is almost always required when parents divorce in Illinois. The law states that both parents must contribute to their children’s financial needs, even if they are not in a relationship or living under the same roof.

An experienced Illinois child support lawyer can explain other critical aspects of the law, and ensure that you do not fall for common online child support myths, and you can meet with an Illinois child support attorney with Pesce Law Group, P.C. in a free legal consultation. We will answer your child support questions and provide quality legal representation in family court.

Myth: I Do Not Need to Pay Child Support if I Do Not Have Custody

Custody alone does not determine whether child support is paid. In Illinois, both parents must financially provide for their children, regardless of whom the kids live with. The non-custodial parent usually pays child support to the custodial parent. However, child support payments are usually made even with joint custody.

Myth: If I Do Not Work, No Child Support Is Required

Losing your job does not mean you can avoid paying child support. You still must pay unless you file a petition in family court to change the child support order. This may be done because of a "substantial change in circumstances," such as a job loss or salary decrease. Until the family court approves the new child support payment, the old one is still legally binding.

Myth: My Ex Can Spend Child Support on Anything

The custodial parent indeed has discretion on how child support is spent. However, the payments are legally designed to meet the children’s needs. If you can prove to the judge that your child support payments are being wasted on expenses unrelated to the children, the court may take action.

Myth: I Can Agree With My Ex To Not Pay Child Support

Suppose you and your spouse agree verbally that you do not need to pay child support for several months. This is a mistake because a verbal agreement with your ex-partner not to pay child support is not legally binding in Illinois.

Child support is your child’s right and not the parents’ decision. Any change to the child support agreement requires court approval. Courts will always focus on the child’s best interests over parental wishes and non-binding child support agreements.

Myth: Child Support Always Ends When the Child Turns 18

Support usually terminates at 18, but payments may need to continue if the child is still in high school after their 18th birthday. Additional payments may be required after the child reaches adulthood if they have a disability and cannot care for themselves.

Meet With a DuPage County, IL Divorce Lawyer Today

All loving parents want their children to be well provided for after divorce, but they often do not agree on exactly what this should look like. An experienced Naperville, IL child support attorney at Pesce Law Group, P.C. can explain the intricacies of state child support laws. Our attorney can also provide correct legal information about child support decisions, so you are not misled by misinformation in this complicated area of state law. Call our child support attorney today for a free legal consultation at 630-352-2240.