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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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DuPage County Child Support Lawyer

Child support payments are among the most important elements that must be determined for most couples as they begin the divorce process. While many people associate child support with divorce, parents who share a child but are not legally married may seek or be required to pay child support.

Although child support payments are typically determined through the court, some families decide to settle their payments through a mutual agreement. According to 2016 data released by the U.S. Census Bureau, 89.9 percent of custodial single parents have formal agreements through the court, which means only a small percentage of parents maintain an informal agreement. 

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Posted on in Divorce

Illinois child supportDivorcing your spouse can be difficult. Divorcing your spouse when you have children together can be exponentially more difficult. Separating parents must consider the effects the process may have on their children and how life may be different post-divorce. Arrangements for custody, visitation, and support of the children need to be negotiated and sometimes litigated. While custody and visitation agreements may differ greatly due the circumstances unique to each family, Illinois law provides a guideline that courts are expected to follow when deciding and calculating child support.

Who Pays Support?

Under Illinois law, the court may require one or both parents "to pay an amount reasonable and necessary for the support of the child, without regard to marital misconduct." The law allows for the possibility that the child may reside with someone other than a parent after the divorce, but, in practice, the court will typically require the non-residential or non-custodial parent to pay child support.

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Illinois is known throughout the country for being one of the toughest places to recover child support judgments. The difficulties of maneuvering the Illinois court system are legendary, with many parents spending years and countless amounts of money trying to recover back due child support payments with no avail. A new law has been passed though, which provides a viable option for parents to reclaim child support payments. On August 12, 2013, Governor Pat Quinn signed into law a bill that will allow race tracks and casinos to garnish prize money earned at these establishments and allow it to be applied to past due child support payments.

child supportEarlier this year, the state of Illinois reported that over three million dollars of past due child support was owed to local Illinois parents. Illinois is a highly litigious state with an extremely complicated court system that can be daunting to the average citizen. The situation of recovering child support can be even more complicated when the party owing child support is self-employed, a job-hopper and/or resides in a different state. The attempt to recover child support can be an extremely expensive and time consuming process that guarantees no actual payment, even when arrest warrants and judgments are issued against the party owing child support.

Under the law, Illinois gambling locations are required to post signs that alert gamblers to the fact that prize money earned could be garnished for any persons whose name appears in the Department of Healthcare and Family Services system. The earnings are then given to the Department of Healthcare and Family Services, who will then distribute the earnings to the parents owed past due child support. The sponsor of the bill, Dunlap Republican Sen. Darin LaHood, believes that the law will allow for around one million dollars to be recovered within the first year of being enacted.

The Illinois Gambling Law is a big feat for those parents seeking to recoup past due child support. Typically, a judgment can be entered for past due child support, but that is no guarantee that the owing party will be forced to pay, or even has the means to do so. The law takes money that the defendant has recently earned, and gives it directly to the parent of the child who is owed money. Call today to discuss the effects this law will have on your current child support situation with one of our family law attorneys here at Angel Traub and Associates in Arlington Heights, Illinois.
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
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