Dads Divorce Blog

Kane County Divorce: The Dilemma of Child Support

Child support in a divorce case is often a contentious issue for divorcing parents. Divorce consultant and author Lee Block discussed child support issues in the Huffington Post’s new Divorce section of this online journal. Ms. Block states:

Child support is always a hot bed of discussion. There are several reasons for this and the main one is, what exactly does child support cover? There are so many questions about child support and frankly no good answers. Child support becomes an emotional issue instead of a financial one, and everyone has a different view and opinion of what it should cover and how much should be paid.

Illinois child support statutes do not make the subject of child support easier to manage. While some of our neighboring states have adopted sophisticated matrices for allocating between both parents the burdens of financial support of children in a divorce, Illinois still requires that (a) the court determine a “residential parent” (ie a winner and loser of custody), and (b) for the “non-residential parent,” a percentage payment based on their net income.

I understand the frustration and hurt of the “nonresidential parent” (most often a father) and the requirement that he have visitation and pay child support, without any statutory requirement that the residential parent account for how the child support payments are used. In some cases, the custodial parent uses the child support payments to augment his or her own personal lifestyle, leasing a new car or taking an adults only vacation with the child support funds.

I would like to see a fairer system of child support employed in Illinois. At the very least, the recipient parent should be required to use the funds received for the direct support of the child, and should account for the use of the funds, or at least be required by court order to use these funds for the children. I would also like to see Illinois adopt statutory presumed shared parenting, and create a child support matrix that would allocate financial support for the children between both parents. These changes would create a stronger sense of equity in divorce and take some of the sting out of contested custody cases.

Will Illinois ever make these changes? I feel this is doubtful. Illinois recently had a chance to consider a shared parenting statute, and this was jettisoned in favor of keeping the old, archaic status quo “winner and loser” custody statute. Illinois will balance its budget, I fear, faster that it will implement modern, equitable changes in its child custody and support statutes.

In representing parents in child custody cases, one must be diligent and employ cutting edge approaches to ensure the most equitable outcome for good parents. Illinois law makes these equitable results more challenging: all the more reason to have an experienced, creative lawyer on your side.

DuPage County Divorce and Virtual Visitation

Virtual Visitation and Out of State Removal of Children

“Virtual visitation” is a term that is gaining relevance in Illinois divorces. It refers to using online video programs like Skype to create a visual and audio connection by which physically distant parents can connect online with their children.

A recent New York divorce case granted a mother’s request for permission to move with her children to Florida, despite the fact that the children’s father would continue to live in New York. As a condition of the removal order, the mother had to agree to allow the children to visit with their father via Skype, an Internet service that allows for live videoconferencing. The New York judge noted that economic conditions justified the move, as the parents’ house was underwater, employment prospects were dim, and the mother had supportive family in Florida.

Comment: I have always favored “virtual visitation,” and have written “Skype type” e-parenting language into parenting agreements, but only to allow for each parent to have enhanced and increased contact with their children when the children are not residential with them. I like the fact that Skype permits an enhanced experience for Dads and kids; far better than the typical evening phone call that most agreements provide for. I use these “Skype” clauses even when the children and parents live in the same city. However, I have never advocated that the use of Skype be a factor in permitting the removal of children to another state. Put simply, removal is a harsh and destructive outcome for many parents, usually Fathers, who must suffer the loss of local contact with their children after divorce. Fortunately, unlike some other states, Illinois law disfavors removal of children, but I can tell you that judges here do grant removal petitions.

If you are facing the possibility that your spouse may try to remove the children from Illinois out of state, on the pretext that there is family or friends in some other state, aggressively defending removal is critical. In my view, while “Skype” has been a boon to facilitating enhanced contact between nonresidential parents and children within Illinois, it should never be considered a substitute or factor in a removal case. Call my office for a consultation if you have concerns that your spouse may seek court permission to leave the state with the children during or after the divorce.