Does an Absent Parent Still Have to Pay Child Support?

 Posted on May 06, 2024 in Child Support

In Illinois, parenting time and a parent’s duty to support his or her children are two completely separate issues. Every parent who has not formally lost his or her legal status as a parent has an obligation to provide financial support to his or her children. Child support is proportional to the parent’s income and financial means and can be awarded whether or not the parent owing child support gets parenting time. Illinois courts have one goal - to do what is in the best interests of the child in accordance with the law. If your child is owed child support but also needs to be protected from your co-parent, you need to speak with a Will County, IL child custody and child support attorney.

Who is Obligated to Pay Child Support? 

All parents have a legal duty to financially support their children. Normally, it is the parent who has less parenting time - or no parenting time at all - who pays child support. You can file a legal demand for child support as soon as you have legally established your child’s parentage. Legally establishing parentage means proving to the court who your child’s parents are.

It does not matter whether a parent sees his or her children or is involved in their lives. If you can prove who the other parent is, you can demand support for your child.

When Can a Parent Keep a Child Away From the Other Parent? 

If the other parent is interested in being a part of the child’s life, you would likely need to prove that seeing him or her would harm your child to prevent the other parent from getting parenting time. This usually means that you must show that the other parent has been abusive to the child or is dangerous for your child to be around.

If the other parent has a serious substance abuse problem or mental health disorder or has a serious criminal record, you might be able to show that seeing him or her is not in your child’s best interest.

Sadly, there are also cases where one parent is simply uninterested in having a relationship with his or her child. If the other parent has no intention of asking for parenting time, you can still demand child support from him or her.

Contact a Will County, IL Child Support Lawyer 

Law Office of Ronald L. Hendrix, P.C. will strive to get your child the support he or she deserves without giving a dangerous parent access to your child. Our dedicated Naperville, IL child support attorneys have extensive experience in helping parents who are not together create the best possible co-parenting arrangements. Contact us at 630-355-7776 for a complimentary consultation.