Children’s Right To Be Supported 

The right to be supported and to receive support belongs to the children, and the court will protect that right even (or perhaps especially) against the erosion by parents.  The law favors settlements in dissolution cases, and the court will often review agreements or request independent inquiries to ensure that child support is handled appropriately and set at a level consistent with the law.  See Cox v. Miller, 146 Ill.2d 399, 586 N.E.2d 1251, 166 Ill.Dec. 922 (1992) (settlement agreement between mother and putative father of illegitimate child does not bar later action for child support brought on behalf of child).

Illinois courts have also shown a reluctance to allow custodial parents in a dissolution setting to waive child support, and have at times denied approval of agreements that do so without sufficient evidence showing that the agreement is in the child’s best interest.

Another common exchange between parents has been either: (“If you won’t insist on time with the children, I won’t seek support,” or “If you don’t insist on support, I won’t ask for time with the children.”)  This exchange will not be approved by the court.  The Illinois Supreme Court has addressed this issue in Blisset v. Blisset, 144 ILlApp.3d 1088, 495 N.E.2d 608 99 IllDec. 161 (4th Dist. 1986), aff’d in part, rev’d in part on other grounds, 123 Ill2d 161 (1988). The Supreme Court held that an agreement waiving child support in return for relinquishment of visitation rights is void, unenforceable, and against public policy.

See Also:

Calculating “Net Income” In Relation to Child Support

Deductions the Court Allows for the Purpose of Determining Child Support 

Is Child Support Tax Deductible? 

Think About What is Best for the Child