Child support and orders of protection are legal mechanisms used to ensure the well-being of children and their custodial parents. Although child support orders and orders of protection offer different protections, they frequently overlap, and when strategically utilized they provide formative protection for vulnerable members of a family.
What is Child Support?
Child support is a financial obligation imposed on non-custodial parents to contribute to the costs of raising their children. The goal of child support is to ensure that children receive adequate financial resources to thrive, regardless of their parents’ relationship status. Child support includes living expenses such as housing, food, clothing, education, and healthcare. In Illinois, child support is governed by the Illinois Marriage and Dissolution of Marriage Act, which sets guidelines for calculating the amount based on numerous factors.
What is an Order of Protection?
An Order of Protection, further referred to as an “OP,” is issued by courts to protect individuals from domestic violence, including but not limited to abuse and/or harassment. In Illinois, OPs are obtained by utilizing the Illinois Domestic Violence Act and are available to individuals who have or currently are experiencing abuse. An OP can include various forms of relief, such as prohibiting contact, granting exclusive possession of a shared residence, and ordering an abuser to stay away from the victim, their children, other members of the victim’s family, pets, place of employment, personal property and child support.
Parenting time. Determine the parenting time, if any, of respondent in any case in which the court awards physical care or allocates temporary significant decision-making responsibility of a minor child to petitioner. The court shall restrict or deny respondent’s parenting time with a minor child if the court finds that respondent has done or is likely to do any of the following: (i) abuse or endanger the minor child during parenting time; (ii) use the parenting time as an opportunity to abuse or harass petitioner or petitioner’s family or household members; (iii) improperly conceal or detain the minor child; or (iv) otherwise act in a manner that is not in the best interests of the minor child. The court shall not be limited by the standards set forth in Section 603.10 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5/603.10]. If the court grants parenting time, the order shall specify dates and times for the parenting time to take place or other specific parameters or conditions that are appropriate. No order for parenting time shall refer merely to the term ‘reasonable parenting time’.
750ILCS 60/214(b)(7)
How do Orders of Protection and Child Support Interact?
1. Temporary Support Orders:
When an OP is granted, the court can issue temporary support orders as relief. This means that the person the OP is issued against may be required to pay temporary child support while the OP is in effect.
2. Enforcement of Child Support:
The enforcement of child support obligations can be strengthened through an Order of Protection. For example, if a non-custodial parent is ordered to stay away from the custodial parent, the court can still ensure that child support payments continue through wage garnishment or other enforcement tools.
3. Abuse-Related Costs:
In addition to child support, the court can order the respondent to cover other expenses related to the abuse, such as medical bills, lost earnings, and/or costs associated with relocation.
4. Comprehensive Protection:
OPs can also impact previous child support orders. For instance, an OP may alter the specific terms for parenting time and visitation, which may impact the calculation and enforcement of child support.
Why They Work Together
1. Overall Support:
Combining financial support with protective measures addresses both the economic and safety needs of the protected parties. Doing so ensures that victims of abuse are not only protected from further harm while receiving the financial resources necessary to care for their children.
2. Legal Enforcement:
The legal framework provided by both the Illinois Marriage and Dissolution of Marriage Act and Illinois Domestic Violence Act ensure that non-custodial parents fulfill their financial responsibilities while adhering to protective measures. The courts utilize its enforcement powers such as wage garnishment and penalties for non-compliance (which include incarceration), to provide strong incentives for compliance of OPs and child support.
3. Stability for Children:
Ensuring consistent financial support and a safe environment promotes stability and well-being for children.
Orders of Protection and Child Support Orders when utilized correctly, synergize to address both safety and financial needs, protecting and supporting families to ensure that children receive the care and resources they need. If you need help with pursuing or defending an Order of Protection and/or child support lawsuit please visit our website to contact our Chicago office and speak with one of our experienced family law attorneys!
