In Illinois, determining parenting time, also known as visitation, is a crucial aspect of establishing child support. The process aims to ensure that both parents remain actively involved in their child’s life while also sharing financial responsibilities proportionately.
Creating a Parenting Plan
Initially, parents are encouraged to collaborate and create a parenting plan that outlines how they will share parenting time and responsibilities. This plan includes details such as the weekly schedule, holiday arrangements, and how decisions about the child’s upbringing will be made. If parents agree on the plan, it can be submitted to the court for approval.
Court Intervention
If the parents cannot agree on a parenting plan, the court steps in to determine the arrangement based on the child’s best interests. The court considers various factors, including:
- The child’s needs, age, and preferences
- The parents’ work schedules and living arrangements
- The relationship between the child and each parent
- Each parent’s ability to provide for the child’s emotional and physical needs
- The child’s wishes MAY be considered, depending on their age, maturity, and ability to express their desire
- Parental cooperation meaning their ability to cooperate and encourage a positive relationship between the child and other parent
- The physical and mental health of the parents will play a role in determining the kind of environment that they will provide their child
- Whether the child has emotional bonds with the parents and what those bonds look like
- Any history that includes domestic violence, abuse, or substance misuse/abuse
- Whether the home environment is suitable for the child, including adjustment to the community, school, and social environment
- The cultural and religious backgrounds may be considered with a goal of respecting these aspects of the child’s identity
- Whether the child has any special needs either physical, emotional, or educational
Parenting Time and Child Support
The amount of parenting time each parent has directly impacts child support calculations. In a typical scenario where one parent has primary custody, the other parent is required to pay child support to help cover the child’s living expenses. However, a parent with primary parenting time still may have to pay child support if they out-earn the other parent by a considerable amount.
In shared parenting arrangements, where both parents have the child for at least 40% of the time, the child support calculations are adjusted. Both parents’ net incomes are considered, and the child support obligation is divided proportionately based on their income and the amount of time they spend with the child.
In Illinois, parenting time is determined through a collaborative process or court intervention, always prioritizing the child’s best interests. The allotted parenting time directly influences child support calculations, ensuring that financial responsibilities are shared equitably based on each parent’s involvement and income. This system supports a balanced and supportive environment for the child, promoting active participation from both parents. If you need help with pursuing or defending your Illinois child support lawsuit please click the link below contact our Chicago office and speak with one of our experienced family law attorneys https://jacobsonlegalservices.com/!
