Dupage County Lawyers

Child Support

How Is Child Support Calculated in Illinois? 

When parents divorce in Illinois, child support is determined by a formula that changed on July 1, 2017, when Public Act 99-764 amended the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Instead of the old method of relying on the net income of the non-custodial parent, there is now an income-share system that holds both parents accountable for child support based on how much they financially contributed to the combined household income while married. Many factors affect the amount of child support, and each situation is different; so if you are having issues with child support, it pays to seek legal...

April Is Child Abuse Prevention Month

Child abuse is a major problem in our society, with more than 3 million reports of child abuse made in the United States each year. People abused as children often go on to abuse their own children, and the cycle can continue for generations. Everyone can help children and families break the cycle, but most people are not aware of how to do it.  For this reason, April has been designated as Child Abuse Prevention Month, with the goal of educating people about common signs of abuse and what can be done to intervene. The earlier abused children get help, the...

You’re divorced, and you are taking care of your children through child support, but what will happen to them if you suddenly die?  The purpose of child support is to ensure that children receive what is needed to maintain a decent quality of life, but this can quickly change if one parent passes away.  Therefore, when ordering a parent to pay child support, the Illinois courts will generally require the parent who is obligated to pay child support to get a life insurance policy that covers the support amount. Life insurance is a relatively inexpensive way to cover children’s needs when a...

As if figuring out who pays what when it comes to child support wasn’t complicated enough, on July 1, 2017, a major change took place in Illinois.  Public Act 99-764 amended the Illinois Marriage and Dissolution of Marriage Act to replace the old percentage guideline formula with an income shares model already in use in 39 other states and the District of Columbia.  This law is for new cases, but affects older cases that have a change in circumstances. Instead of relying on the net income of the non-custodial parent to pay the custodial parent, the new law creates an income-share...

Understanding “Joint Custody” Laws in Illinois

In Illinois, both parents have a legal obligation to provide financial support for their children. In a separation or divorce situation, one parent usually makes child support payments to the other.  If that parent stops paying, the consequences are severe – being held in contempt of court, paying fines and even jail time.  If nonpayment continues, it may even lead to criminal charges. If you find yourself in a situation where your ex stops making child support payments, or if you are the parent who cannot make them, it pays to seek legal assistance. The compassionate and experienced Illinois family-law attorneys...

Emancipation in Illinois occurs when minors are released from the custody and control of their parents or guardian and legally allowed to live independently and exercise greater control over their own lives.  Emancipation automatically occurs at age 18, unless the minor is disabled, but a special emancipation order can be issued for children between the ages of 16 and 18. Emancipation laws are designed to give legal protections to those teens who, through no fault of their own, wind up living on their own. Once minors are emancipated, parents no longer decide if or where they go to school, whether they...

Raising children is expensive – one estimate of costs necessary to raise a child through the age of 17 is $233,610 per child, or nearly $14,000 per year.  Although most parents’ primary concern is the well-being of their children, their own financial considerations are important as well, especially in a divorce situation. Illinois recognizes the right of every child to expect financial support from both parents and has changed the law to better enable this to happen.  On July 1, 2017, Public Act 99-764  went into effect that changed how the state calculates child support and what each parent is responsible...

The months and years following a divorce is a time of upheaval, changes and adjustments for any Illinois family that has made it through the process. During this time, it is not unusual for circumstances to change, and the needs and desires of a family could change as well. When these changes are significant and impact finances in any way, adjustments of child support can be sought. Circumstances that may warrant an adjustment to child support include special needs, medical needs, changes in education plans and extracurricular activities. A parent's job loss, relocation and other factors could also be grounds for an...

Child support, as any issue pertaining to finances, can be a hotly contested issue between two parties during a divorce. From who is paying to how much is ordered, it is understandable how child support can be a sensitive matter. Fortunately, a lawyer familiar with the support system in Illinois can provide information and guidance, potentially helping to avoid lengthy conflicts. During the divorce, the financial situations of both parents should be closely examined. The amount of support is typically calculated based on the income of both parents, any existing special needs, the custody arrangement and more. The analysis should consider any factors...

As with all financial issues, child support is one of the most contested and emotional issues to navigate during divorce. Illinois parents want to care for their children, but they also want to ensure that they are financially capable of meeting their court-ordered obligations after divorce. When there is a question or concern over child support and the amount of the payments, it can be useful to seek a complete case evaluation regarding rights and options. Child support is intended to provide the custodial parent with the means to give children a continuity of lifestyle after divorce. This money is also...

Top