Child support is sometimes difficult to navigate when going through something emotionally charged, such as a divorce or separation. Parents should know how child support is determined, the laws that apply, and whether they can modify or impose them. A Bolingbrook child support lawyer can help you understand the law and your options.
At Vahey Law & Mediation, LLC, we understand that child support issues can be both emotionally and financially stressful. Our dedicated team is here to help guide you at every stage, from setting up support, navigating modifications, or enforcing payments. We provide individual service so that child support is calculated properly and in line with your personal situation all while keeping your child’s safety and needs in mind.
Child support in Illinois is the amount both parents pay for the child's needs, including food, shelter, medical care, and education. The state applies the income shares model in which support is derived from the parents’ joint income. This equates to the amount each parent would have paid if they lived together.
Child support is not only a parent’s duty but also a child’s legal right. The money is typically paid by the noncustodial parent to the custodial parent with optional extras such as health insurance and childcare. It aims at creating an environment that is stable and healthy for the child, regardless of the parents’ marital status.
Unfortunately, many parents fight back against child support because of the misconception that it is providing funds to the other parent. During contentious separations or divorces, this becomes a difficult point to navigate. These payments, however, are made to help ensure the child’s needs are met and the funds are not used for the other parent’s personal use.
The income shares model aims to calculate the appropriate amount of support parents should pay for their children. This focuses on both parents' total net income. Each parent's net income is the sum of all taxes and other necessary expenses subtracted from their gross income. Parents either agree on an agreed-upon conversion table or individual deductions.
Exceptions and adjustments are applied if one parent looks after children from other relationships or provides spousal support. The net income of each parent is calculated as a whole.
In addition to the necessities, the court can require that money be paid for health insurance, childcare, and unforeseen medical or educational bills.
Illinois courts generally comply with the statute but can differ from the formula under certain circumstances. If, for example, the guideline amount is deemed unfair or inappropriate, a judge may order it differently than what the calculation would have mandated. Some special considerations include:
If the court decides to deviate from the standard in place, evidence of special circumstances must be presented, and it must be shown that the deviation is in the child’s best interest.
Life situations vary, and child support payments can have to be recalculated accordingly. In Illinois, one parent may appeal a child support order for an extreme change in circumstances. This may include a significant drop in either parent’s income, loss of employment, an adjustment in the needs of the child, or changes in custody.
To change an order, the asking parent must petition the court, stating how the circumstances have changed. The court will consider the request and decide whether an adjustment is in the child’s best interests.
A change doesn’t happen automatically, though. The court carefully weighs the evidence and the child’s needs. By consulting a Bolingbrook Child Support Lawyer, you can make sure that the modification is going to be done in a way that is efficient and that your rights and obligations are properly addressed.
In Bolingbrook, Illinois, child support lasts until the child turns 18 or graduates high school, whichever comes first. Support can be given until the child graduates from high school or becomes 19 if the child is still in high school at 18. However, in some instances, the support can be extended, for instance, for postsecondary school fees or because the child is mentally/physically disabled and cannot provide for himself or herself.
Judges can require parents to contribute towards college or any other postsecondary education expenses including tuition, living, and living costs up until age 23, or 25 in certain situations. In addition, for children with disabilities, assistance may be extended indefinitely to keep their needs met.
A: The cost of a child support lawyer in Illinois will vary depending on the lawyer, the nature of the case, and the length of time. Many attorneys will charge an hourly fee or a flat rate for certain services. Fees should be discussed early in an initial consultation to see what might be included.
A: The average child support payment in Illinois depends on several factors, such as income, parenting time, and supplementary expenses such as medical bills or school. Support amounts are calculated according to a formula set by the state, so the child gets the care that she or he needs, given the parents’ combined income.
A: The income shares approach is the law currently used to compute child support in Illinois. This approach uses the combined earnings of the two parents to assign a reasonable amount of support, equivalent to what the child would have had had both parents been together. The rules seek to establish fair support requirements that are based on each parent’s economic condition.
A: No attorney can waive child support obligations if the law dictates that they should be paid because it is the child’s right. However, a good Bolingbrook Child Support Lawyer can ensure that the amount of support is equitable, based on accurate income calculations, and perhaps even help alter or negotiate payments if circumstances change.
If you need help with child support, an attorney at Vahey Law & Mediation, LLC can help fight for you and your child’s rights. Contact us today for more information.
