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Category Archives: Child Support

IL family lawyerDid you know that the average cost of raising a child from infancy to adulthood is over a quarter-million dollars? Between housing, groceries, extracurricular activities, and tuition, kids are expensive. Child support payments help cover child-related costs when parents are unmarried or divorced. In Illinois, child support is calculated using a statutory formula. But what happens when a parent has children from multiple relationships? Will he or she pay child support to both of his or her exes? What if the child support payments become too expensive to afford?

Understanding Child Support Calculations in Illinois

The parent with the majority of the parenting time, formerly called the primary custodian, is the recipient of child support. The parent with less parenting time is the payer. The amount of money a parent pays in child support is calculated using the Income Shares Formula. This formula takes both parents’ net incomes into account. The parents’ net incomes are combined, and this total is compared to the Income Shares Schedule to determine the total amount of financial support the child will need from both parents. This figure is then divided between the parents based on their share of the combined net income. For example, if a father’s net income is 60 percent of the combined net income, he pays 60 percent. The mother would be responsible for the other 40 percent.

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Lombard IL child support attorneyRaising a child with a disability can be an extremely meaningful and rewarding experience. However, it can also bring on significant personal and financial challenges. When a parent has a child with a disability, the child may need extra assistance with daily living tasks like dressing and eating. The child may also require extensive medical care, special education, or tutoring. For parents of disabled children, these challenges do not disappear when the child reaches age 18. Consequently, some divorced and unmarried parents are entitled to financial assistance from the other parent even after their child has reached adulthood.

Child Support for Adult Children with Disabilities

In Illinois, both parents are expected to financially contribute to their child’s needs even if they are unmarried or divorced. Child support obligations typically cease when the child turns 18 or completes high school.  However, If your child has an intellectual disability, developmental disability, physical impairment, or medical condition that limits his or her independence, you may be responsible for his or her care for many more years.  You can better ensure that you have the financial resources to provide for this care by petitioning for non-minor child support payments that continue beyond your child’s eighteenth birthday.

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IL family lawyerDivorces that involve children have many more complex issues than cases that do not. It is natural for parents to first become concerned with child custody issues, but child support is another contentious issue that must be addressed. Divorce is already an expensive process which is made even more costly when one spouse learns they will have to pay child support. Some people may want to avoid paying child support so much that they take drastic measures such as quitting their job. In these cases, their former spouse is typically left wondering if that is even allowed.

While no one can force someone to go to work every day, there are measures you can take if your former spouse is refusing to pay child support. A Lombard family lawyer can help ensure you receive the payments you are owed.

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IL divorce lawyerWhen a court order is established regarding child support payments or child custody, it is meant to last, but that does not mean it is not subject to alterations. In the state of Illinois, post-decree modifications are common in court order surrounding divorce. Whether you are looking to adjust your child support or child custody order, it is important to understand the steps you need to take to ensure those changes can be made. The most critical step you can take in this process is hiring a skilled attorney with experience in cases of post-decree modifications.

Understanding Post-Decree Modifications

At the conclusion of a divorce case, a judge will sign an order or decree that will resolve various issues surrounding the divorce. In order to seek a modification to the order, you will need to file a motion. If you believe changes are necessary to the order, it is important to file the motion in a timely fashion. It should be noted that in order to seek post-decree modifications you and your attorney must be able to note significant changes that have occurred since the time of the initial order. In issues of child support, these changes most commonly revolve around changes in either parent’s income. If you are paying child support to your former spouse and you lose your job, you should file a motion to adjust the amount of child support owed, rather than being delinquent on your child support payments.

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IL family lawyerIn the state of Illinois, thousands of couples make the difficult decision to pursue a divorce, each year. While the divorce process can come with unforeseen challenges regardless of the circumstances, the divorce process can be increasingly complex when children are involved. If one parent is awarded primary parental responsibility of a child, the other parent will usually be required to pay some sort of child support. In the state of Illinois, child support payments are calculated through consideration of the income of both parents as well as parenting time and parental responsibilities of both parents. If you believe you are entitled to child support, it is time to speak with a qualified legal professional.

Seeking Child Support

As you navigate the legal process of your divorce, you and your attorney need to work closely. If you are awarded the majority of legal and physical parental responsibilities, you are likely entitled to significant child support payments. As the court calculates a fair child support agreement, speak to your attorney if you believe that the court has miscalculated you or your spouse’s income. The state of Illinois wants to calculate payments in the fairest way possible if financial statements have been falsified by one party, the integrity of the agreement could be compromised. It is also important to notify your attorney if your child has special medical or general care needs that could impact the expenses of raising the child independently. Your attorney will work diligently to advocate on your behalf in court.

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