Yorkville Child Support Attorneys
- Child support will provide for children's ongoing needs after parents get a divorce. Support will typically be paid until a child graduates from high school or reaches the age of 18.
- Illinois courts will divide the estimated cost of raising children between parents based on their incomes. The parents' combined net income will be used to determine a basic support obligation. Additional calculations may be used to address sitautions involving shared parenting time.
- Basic child support covers daily needs such as food, clothing, and housing. Additional expenses may also be addressed, including health insurance premiums, other medical expenses, child care, school expenses, and extracurricular activities.
- Child support calculations can become more complicated when a parent is a business owner or earns variable income. If a parent is unemployed or underemployed, their income may be imputed when calculating child support.
Lawyers Helping Clients Establish Child Support Orders in Yorkville, IL
When parents decide to get a divorce, some of the most important issues they will need to address will be related to how they will provide for their children's needs going forward. Child support can ensure that children will continue to have a stable home, nutritious meals, proper clothing, and access to health care and education. When child support orders are put in place, they will affect both parents' monthly budgets for years to come. Taking steps to calculate child support and address different types of expenses can help ensure that all parties will be able to maintain financial stability.
The lawyers at Gateville Law Firm work with parents to ensure that child support will be handled correctly during the divorce process. With our understanding of the child support guidelines used by courts in Illinois, and the financial details that may play a role in these cases, we can help our clients put the proper orders in place that will provide for their children's needs. We understand how stressful concerns about money can be during a divorce, and we work to help our clients achieve results that will protect their interests and their children's well-being.
Need Help with Child Support Matters?
Call Gateville Law Firm at 630-780-1034 to schedule your consultation.
Why Child Support Is an Important Issue to Address in a Divorce
Both parents will have a duty to support their children. A child support order will make sure parents will meet these obligations until a child graduates from high school or turns 18. Temporary child support orders may be put in place while a divorce is pending. Parents may also be required to contribute to children's college expenses. Once child support orders have been put in place, they generally cannot be modified unless circumstances change. Taking the right steps to address child support can ensure that the orders put in place will meet the needs of parents and children.
How Basic Child Support Is Calculated in Illinois
To determine child support payments, courts will typically estimate the amount of money parents would have spent on their children on a monthly basis if they continued to live together. Each parent will pay a portion of this amount based on their incomes. When calculating the amount that should be paid, each parent's net income will be determined based on their wages, bonuses, or other sources of income while subtracting taxes or other required deductions.
Cases involving shared parenting time, in which children will stay overnight with each parent for at least 146 days per year, will involve additional calculations. The amount each parent will pay will be adjusted based on the other parent's percentage of parenting time. The amounts are offset to determine how much one parent will be required to pay. This will often result in lower child support payments that reflect the shared costs of raising children.
What Basic Child Support Obligations Cover
The amount of child support calculated based on parents' incomes is intended to pay for the regular, daily costs of raising a child. These costs may include groceries, clothing, housing, utilities, household supplies, transportation, and personal care items. A parent who receives child support payments will be able to determine how to spend these amounts as they address their children's daily needs.
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Additional Child-Related Expenses
In addition to regular, daily costs involved in raising children, parents may need to pay a variety of other expenses. Certain types of expenses may be added to a child support order, including:
- Health Insurance Premiums: To ensure that children will receive the proper medical care, parents will typically divide the portion of health insurance premiums that provide coverage for children.
- Uncovered Medical Costs: Other types of medical expenses may be divided between parents, including deductibles, copays, medications, mental health therapy, vision care, and dental or orthodontic expenses.
- Child Care: Day care and after-school care may be needed so a parent can work or attend school. The costs of providing child care will typically be divided between parents.
- School Expenses: Child support orders may address costs related to tuition, books, fees, supplies, or tutoring as children receive an education.
- Extracurricular Activities: When children participate in sports, music lessons, camps, and similar activities, parents may agree to share the related costs.
Issues That Can Complicate Child Support
Income Earned by Business Owners
When a parent is self-employed, determining their income for the purpose of calculating child support may be complicated. Our attorneys can review tax returns, bank statements, and business records to determine a parent's income based on business receipts, ordinary business expenses, profit distributions, and other factors.
Variable or Irregular Pay
In some cases, a parent may regularly earn income through commissions, overtime, seasonal work, or annual bonuses. This can make their income hard to predict, which can affect the amount of child support that may be paid. Our lawyers can determine what steps can be taken to address these issues, such as calculating average income over several years or requiring a percentage of bonuses to be paid as child support.
Unemployment or Underemployment
A parent may be accused of quitting their job or taking a lower-paying position in an attempt to reduce the amount of child support they may be required to pay. If there are questions about how much a parent is currently earning versus how much they should be able to earn, our attorneys can take steps to impute a parent's income based on their work history, education, and job skills. We will work to ensure that the correct amount of support will be calculated to meet children's needs.
Frequently Asked Questions About Child Support
When a child support order is created, a court will typically issue a wage garnishment order that will automatically deduct child support payments from a parent's paycheck. However, other arrangements may be put in place, and when necessary, a parent may make payments to the State Disbursement Unit, which will then pass the payments to the recipient.
A parent who is not receiving child support can take action to enforce the other parent's obligations. A court may issue a wage garnishment order to collect child support, or other methods may be used, such as intercepting tax refunds or placing a lien on a person's property. In some cases, a parent may be held in contempt, which could lead to the suspension of a driver's license or professional license, or they could even be arrested and required to serve time in jail. Until child support has been paid, it will continue to accrue interest.
Parents may propose arrangements for child support, and a judge will review the proposal to ensure that it will provide for children's needs and protect their best interests. A parent's child support obligations cannot be waived, and a judge will be unlikely to allow an agreement in which a parent would pay less than what would be required under the state's guidelines unless there are extraordinary circumstances.
Child support is calculated based on the income earned by parents. After a parent remarries, the income earned by their new spouse generally will not affect child support. However, other changes in financial circumstances may be considered in certain situations.
Yes. A parent may request a modification of child support based on substantial changes that have affected them or their children. For example, a parent who has lost their job may request a modification that will reduce the amount they will be required to pay until they can find a new job. Changes to parenting time may also lead to adjustments to child support, including in situations where children who had lived with one parent most of the time will begin to live primarily with the other parent.
Contact Our Yorkville, Illinois Child Support Lawyers
When child support orders are put in place, they can affect children's quality of life while also playing a role in a parent's financial stability. At Gateville Law Firm, our lawyers can make sure all factors are considered as we help clients calculate child support, put orders in place, or request modifications. To speak with our team, contact our Yorkville, IL child support payments attorneys at 630-780-1034 today.
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