Crosby & Crosby Law – Expert Child Support Lawyers in Winnebago County
In divorce cases in which children are involved, child support is a crucial issue, and for various reasons you may well need the assistance of an experienced child support attorney like those at Crosby & Crosby Law. For example, you may need legal assistance to secure the proper amount of child support if you are the residential parent, the obligee.
On the other hand, if you are the obligor, the non-residential parent paying child support, you may need legal assistance in ensuring you’re not paying an unduly burdensome monthly amount. Or, you may need assistance in securing the modification of an earlier child support order.
Child Support – A Basic Explanation
By the term “child support,” we mean the amount of money that one parent must pay to another following a divorce to make sure any children from the marriage are adequately cared for. It is money to be used for the physical, emotional, and mental well-being of the child or children involved.
Child support is intended to offset the burden of costs related to raising the child, while maintaining the children’s standard of living as they move between the homes of their parents.
Among other things, this means that in a situation where one parent has less income than the other, or one parent has the children a greater amount of time than the other parent, child support helps that parent adequately meet the children’s needs.
With those basics in mind, we should point out both things that are considered as well as things that are not considered child support.
Generally, child support is to be used to maintain a decent and safe place for children to live and includes:
- Common household expenses, including food, utilities, furnishings, rent or mortgage.
- Things that meet the basic needs of a child, including clothing and toys.
- School supplies and fees, as well as expenses related to playing sports or engaging in other extracurricular activities.
- Medical expenses, including dental care, eyeglasses, and other health-related costs.
In contrast, child support is not intended to pay for such things as the other parent’s personal expenses like clothing, dining out, entertainment, and other things of this sort.
If the receiving parent has any left over child support money at the end of the month, those funds should be set aside to meet future expenses.
Illinois’ Previous Child Support Law
In the past, the amount the obligor owed each month was calculated by taking their net income (after taxes and other expenses) and applying to that amount a percentage based on the number of children in the marriage.
As an example, an obligor would pay each month 20 percent of their net income for one child, 28 percent for two children, progressing to up to 50 percent for six or more children.
Illinois’ New Child Support Law
Under new state legislation that went into effect on July 1, 2017, the net income of both parents is now considered when determining monthly child support.
The combined net income is plugged into an income shares chart to determine the monthly obligation of each parent.
Typically, the amount for the parent with the majority of parenting time will be presumed to be already applied toward the child’s expenses. The amount for the paying parent (the obligor) will be their monthly child support payment which they will make to the other parent.
Court Imposed Deviations in the Best Interest of the Child
All that said, the Court will sometimes deviate from the formulaic, state-mandated minimum requirements if the Court finds that such a deviation is in the best interests of the child. Determining factors could include:
- The financial needs of the child.
- The emotional, physical, and educational needs of the child.
- The financial responsibilities and needs of each parent.
- The standard of living the child would have enjoyed had the marriage not been ended.
Is Modification of Child Support Possible?
Yes, in Illinois modification of child support is always possible. To accomplish a modification, however, a parent must show there has been a “substantial change of circumstances,” usually related to a change in income of one of the parents. In addition, things such as an increase in health insurance premiums or an increase in the child’s expenses may also lead to a modification.
Termination of Child Support
Finally, please note that in Illinois child support payments terminate when the child turns 18 or when they graduate from high school if they are still in school when they reach the age of 18.
Legal Assistance in Winnebago County, IL from Crosby & Crosby Law
Family law is our practice area at Crosby & Crosby, and if you have a pending divorce in a marriage involving children or if you are trying to secure modification of child support, we urge you to contact our firm.
We will be glad to provide a free initial consultation to consider the merits of your case and advise you on the best course of action for the future.
For expert legal advice in Winnebago County, contact the law firm of Crosby & Crosby today.
