In any divorce involving children, the question of child support is crucial, and you need to be aware of recent changes in child support legislation in Illinois. As child support attorneys in Rockford, Il, in the following paragraphs we’ll explain to you a number of the provisions of the Illinois Child Support laws, including recent revisions made to those laws.

The basics of child support in Illinois

Under Illinois law, both parents have an obligation to provide for the financial support of their children, and the income of both parents is used in determining the amount that the non-custodial parent must pay to the custodial parent. And only one parent will be required to pay child support to the other parent.

Child support payments are to be used to provide a stable home for the children of divorced parents, and some of the expenses associated with that support include:

  • The cost of housing, either rent or a mortgage
  • The cost of utilities
  • Educational expenses
  • Medical expenses
  • The cost of food

On the other hand, it’s essential to remember that child support payments made by one parent to the custodial parent are not to be used to pay the custodial parent’s personal expenses. Payments are to be used solely for child support.

Finally, if a parent fails to meet their court-ordered obligation, that parent may be subject to contempt proceedings.

Factors involved in determining child support

A number of factors are used to calculate the amount of child support the non-custodial parent will pay to the custodial parent including:

  • Each parent’s net monthly income, after deductions for federal and state taxes, insurance premiums for dependents, necessary medical expenses, etc.
  • The combined net monthly income of both parents.
  • The essential support needed, based on the parents’ net income and the number of children involved.

A determination of each parent’s share of the basic percentage of the Illinois Child Support Obligation.

Based on these factors and calculations, the non-custodial parent will pay the custodial parent the percentage amount. The custodial parent’s share is assumed to be used in support of the child or children, so they keep their share of the Child Support Obligation.

Exceptions to the guidelines for child support in Illinois

Child support in Illinois is determined through application of the statutory child support guidelines we’ve briefly summarized, but Illinois courts will sometimes depart from these guidelines. This departure can occur if the court finds that the application of the guidelines would somehow be unjust, unfair, inequitable, or in some way not in the child’s best interests.

  • The factors that sometimes lead the court to depart from the traditional guidelines include:
  • The child’s emotional and financial wellbeing.
  • The education needs of the child, including special education.
  • Extreme medical expenses of the parents.
  • The lifestyle children would have enjoyed If there had not been a divorce.
  • The travel expenses involved for visitation, as well as other recurring costs.

Modifications of child support

Once an Illinois court has entered an Order for Child Support, that decision is final and can be modified only if there has been some substantial change of circumstances that was not apparent when the order was initiated. Child support ends when the child is18 years of age, or 19 if the child was still in high school when they turned 18.

Crosby & Crosby Law – Your child support attorney in Rockford, IL

It is obvious from this summation we’ve provided that many factors and considerations go into determining child support in Illinois. If you have a pending divorce and there are children involved, or if you believe a previous court order for child support needs revision, you should secure the assistance of child support lawyers.

At the law office Crosby & Crosby, we have extensive experience dealing with all matters related to child support, as well as child custody, and we urge you to contact our law firm to schedule your free initial consultation.

At Crosby & Crosby, You’re Never Alone

We want you to know that first and foremost, we’re here to help you succeed and protect what you value most.

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Helpful questions about family law

How to choose the right divorce lawyer?

Choosing the right divorce lawyer, in our mind, comes down to three factors. First, is this lawyer going to be an aggressive advocate for me? Second, is this lawyer a person I can get along with personally? Third, do I trust this lawyer to communicate with me effectively? If you walk away from an initial consultation with a lawyer answering yes to those three questions, you have likely found the lawyer who is right for you.

Legal work can be extremely time consuming. Your expectations should not necessarily be that your lawyer is someone you can vent to about your personal life, as that would likely result in an unreasonably high bill. But you should expect your lawyer to keep you informed as to the status of your case. You should also expect your lawyer to listen to your wishes and concerns and use those thoughts as a basis for your case. You don’t need to talk to your lawyer everyday, but you should hear from them every other week or so.

Expect the unexpected when it comes to the Court dates. The Court system is based on a first-come-first-serve calendar, when the case is not filed as an emergency. All initial Court dates are determined by the Clerk of the Court, not of the lawyer or client. If you have a lawyer, expect the Judges to want your lawyer to do the talking, unless the Judge asks the client a question directly. You should also expect the Judge to keep the Courtroom as orderly as possible. Judges very much look down on people who speak out of turn. As for dress, the Court does not require a strict dress code, but it is always a good idea to dress professionally to show the Judge that you take the system and their Courtroom seriously.

There is a process in the law referred to as “discovery” that allows a party to a legal proceeding to discover information about the opposing party. In the context of a divorce, “discovery” is primarily used in the form of written questions and written requests for the opposing party to provide documents to the party that is doing the requesting. These are called “interrogatories” and “requests to produce.” During the process, the party answering the questions or requests must provide a written testimony, under oath, that the documents and answers are true and accurate. It is through this process of “discovery” that we are able to learn what assets a party possesses.

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