According to the Annie E. Casey Foundation, American parents receive over $20 billion in child support money each year. With so much money flowing into the hands of single parents, some might wonder about accountability. How does a payor know whether the child’s other parent is using the funds appropriately? Does a receiving parent have to be transparent about where this child support money goes? This is a common question among separating or divorcing parents, especially those who are approaching child support for the first time. Although there may be less accountability in this process than many realize, parents can take certain steps to ensure the responsible use of support funds. To learn more about this process, consider calling the compassionate and dedicated Chicago family law attorneys at Johnson O’Keefe at (312) 319-4444 to ensure your legal and financial rights remain protected.
Do I Have to Spend My Child Support on Certain Things?
In 2024, Illinois updated its child support laws to mandate the purchase of health insurance. In other words, health insurance now plays a role in child support calculations – and parents must use child support money to maintain coverage. Although some questions remain unanswered about this new law, Section 505.2 states that an “insurance obligor” must provide health insurance to the child – and this obligor is the same parent responsible for paying for child support. Family courts will consider the net cost of insurance coverage and adjust the remaining support funds accordingly. In other words, the cost of health insurance is subtracted from the total child support money.
Healthcare is the only required purchase with child support money in Illinois. For all other childcare expenses, parents are free to use their support funds in any way they see fit. There is little accountability or transparency in this process, and the family court will not track where the money goes. Raising a child is a complex process, and it is often impossible to predict the most important expenditures from one month to the next. Tracking child support funds would also create accounting burdens – forcing parents to keep this money separate from other income. Parents may use their own paycheck to pay for diapers one week, and child support funds to purchase a bottle of wine the next. When viewed as a whole, the support funds still provide financial security for the child – even if they do not always go directly toward childcare expenses.
Parents Could Face Consequences for Irresponsible Spending
Although child support payees do not face much oversight, they could face serious consequences if the money is clearly not reaching the children. In Illinois, child neglect is a criminal offense – and it occurs when parents fail to provide “proper care and guardianship.” Parents may also face neglect charges if their home becomes an “unfit place for a child.” As part of a child neglect or abuse investigation, authorities may determine what happened to the child support money.
For example, a parent might receive $5,000 in child support each month. Assuming their rent is $1500, this should give the parent more than enough to cover food and clothing. If the other parent discovers that the children are suffering from malnutrition and wearing tattered clothes, the child support funds are obviously not reaching their intended target. Not only could this result in criminal charges, but it may also trigger the loss of custody. The payor could subsequently take sole custody of the children, and child support payments would no longer be necessary.
Can Parents Create Their Own Plans for Child Support?
Parents should know that in Illinois, mediation is mandatory for both child support and child custody. In other words, parents must meet in private and negotiate child support outside of court. Child support disputes only reach trial if these negotiations fail. Mediation allows parents to deviate slightly from family court guidelines, and this flexibility could provide opportunities for greater accountability. A neutral third party leads these negotiations, and the goal is to seek common ground on child support issues. Mediators encourage parents to compromise and act in the best interests of their children. Many prefer this process to the adversarial, “me vs. you” nature of litigation.
Mediation may facilitate more specific requirements and processes for the responsible use of child support money. For example, a parent may agree to pay the private school tuition of their child directly. A parent might also agree to cover a portion of the rent by paying the landlord directly. These direct payments could help both parents feel confident about the financial security of their children. That being said, child support mediation can be challenging – and significant deviations from official guidelines could cause issues. To learn more about child support mediation, consider contacting Johnson O’Keefe.
Can You Give Non-Cash Child Support?
The Annie E. Casey Foundation states that 7 million parents receive some form of “non-cash support” each year. In other words, they receive items like food, clothing, or diapers instead of actual child support money. While this practice is common, Illinois family courts do not allow parents to provide gifts instead of cash. These statistics probably reflect gifts that go above and beyond normal child support funds. Parents may also create their own private agreements about the provision of certain items through child support mediation.
Most child support lawyers in Illinois do not recommend non-cash support. There are stories of single mothers receiving tablets, toys, and smartphones from non-custodial parents, even as they struggle to put food on the table. Parents who have primary custody generally understand childcare needs better than anyone else, and they are well-positioned to spend these funds efficiently.
Contact the Experienced Chicago Family Law Team at Johnson O’Keefe To Ensure Your Legal and Financial Rights Remain Protected
Child support can be a highly contentious subject among parents in Chicago. While many have very specific ideas on how recipients should spend child support money, Illinois provides no real checks or balances. That being said, parents can expect serious consequences for neglecting their children while receiving support. Parents may also create their own agreements on the use of child support money after a separation or divorce in Chicago. Each family has different dynamics, and parents may wish to discuss their unique circumstances in more detail alongside a Chicago child support lawyer. To continue this conversation, consider calling our Chicago legal team at Johnson O’Keefe at (312) 319-4444 today.