Anderson & Boback Logo
child support away from child's primary residence

Child Support When a Child is Away from their Primary Residence

Published
Categorized as Child Support

Do I Have to Pay Child Support When My Child is Away from their Primary Residence

Some families have arrangements where a minor child is not at their primary residence for extended periods of time.  The reason why the child is not at their primary residence is something that would be considered when determining if child support would still need to be paid.

Child Support Orders Remain In Place Until Modified

First and foremost, if there is an order requiring child support to be paid, it must be paid.  The child support order remains in place until it is modified, and it cannot be modified until a request is made.  That means that if, for example, you lose your job in September but don’t file to modify your support until November of the same year, from September-November you are still required to pay the same amount of child support because the Court can only modify the child support retroactively back to the date that you ask them to.  

Time Away from the Child’s Primary Residence

Generally speaking, whether or not child support is modifiable when a child is away from their primary residence largely depends on the reasons why they are away.

For example, if a child goes to live with the other parent for the entire summer, it might make sense to explore a modification of child support during that time period.  It is likely, however, that this agreement would have to be part of the order where the schedule is set up (or the child support order that is entered in conjunction with the same.)

It is more difficult to say that you want to modify your support over the summer when the child has been coming to your house for the entire summer for five years and you have paid during those five years, than trying to modify it from the very beginning, because it was foreseeable that the child would be at your home all summer when the child support order was entered.  So, this is something to look out for.

Temporary Absences from the Primary Residence

Temporary absences, such as going to stay with grandma and grandma for several weeks, or going to overnight camp, etc. are likely not going to impact a child support order.  Children will be away from home at times and that is contemplated. 

If they move into your house, though, on a semi-permanent basis, and it was unforeseen, that might be a scenario to explore a child support modification.  Camp and temporary absences usually are not enough to impact a child support award.  However, it can be argued when the camp expenses are allocated that one parent has a child support obligation which covers expenses for a child, AND they have to pay a portion of the camp, where some of the child support-related expenses are part of the camp costs (i.e. food).  This argument could be made to try and lessen the amount that the obligor parent has to pay for camp, due to them paying child support, but it may or may not be successful.  The residential parent still has to pay their bills to maintain the minor child’s primary residence, whether the child is at camp or not, to ensure the child has a home to come back to when camp ends.

Generally speaking, if you believe there is a basis to modify your child support, explore it right away with an experienced child support attorney. This will allow you to see if your situation qualifies and ensure that you can retroactively modify your obligation to the farthest back possible date.

 

Was this information helpful?

You May Also Like

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

For Illinois parents that are no longer together or facing divorce, understanding the basics of child custody law is important. First, the term “custody” no longer exists in Illinois. The State of Illinois changed its laws regarding custody in 2016,…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870