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Arlington Heights, IL child support lawyer

When going through a divorce with children, setting up child support payments are an important facet for most divorcing couples. This is often legally required to try and balance the parental responsibilities and expenses of both parents. There is no set algorithm used by judges, however, there are a variety of factors that consistently play a role in determining child support. 

What is Considered in Child Support Calculation?

The first part that is considered, aside from a parent’s finances, is the amount of time being spent with the child. Most parents share custody but do not equally divide their child’s time between one another. This can be too difficult on the child and the parents since a consistent schedule is important for a child’s success. As a result, judges have the parent who spends less time physically caring for the child to pay a set sum to compensate for the disparity.

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child support, Lombard family law attorneyIn what many are calling the largest ruling of its kind in the state’s history, a judge in Cook County has awarded a Flossmoor woman nearly $2.3 million in penalties payable by her ex-husband’s former employer. The court found that the employer—a Herscher car dealership—should have been withholding child support payments from the man’s paycheck but failed to do so. The dealership tried to claim that the man was an independent contractor and not an employee, but the court disagreed.

Income Withholding Notices

According to the law in Illinois, when a person is required to pay child support, his or her employer must be notified and served with an income withholding notice, unless there is a court-approved alternate agreement between the parties on record. The notice must include the employee’s information and the amount that is to be withheld from each paycheck. Once the employer has received the income withholding notice, it is the employer’s legal responsibility to withhold the correct amount the forward the funds to the State Disbursement Unit so they can be distributed to the parent receiving support. Failure to comply with the notice can leave the employer subject to fines of up to $100 per day.

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