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Lombard, IL child support attorney

Child support refers to the money paid by one parent to the other parent to help financially support their child after the parents get a divorce. However, these types of payments may also be appropriate for couples who never married but had a child together. Typically, child support is paid to the parent who was allocated the majority of the parenting time with the couple's child. In Illinois, child support is based on both parents' net incomes, and an “income shares model” is used to calculate the amount of the payments. Child support arrangements must be approved by the court. Payments are typically made on a monthly basis, and a parent can face penalties if the support payments are late or if support is unpaid.

Child Support Uses

Overall, child support is intended to maintain the child’s well-being and guarantee all of his or her basic needs are met. The basic child support obligation determined using the income shares method is meant to cover the following types of expenses:

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Wheaton divorce attorney child support enforcement

Child support payments are typically ordered by the court as part of a divorce decree, but child support payments can also be included in a legal separation agreement. In some cases, both parties may mutually settle upon the payment arrangement. Regardless of the situation (divorce or separation), there are laws in Illinois that ensure that child support orders are enforceable. However, even though child support orders are legally binding, some parents may still struggle to collect payments from a former spouse or partner. Disagreements over late, missing, or inadequate payments can create heated disagreements and high tension in both newly divorced couples and partners who have long been separated. If you are struggling to collect child support payments, a knowledgeable child support attorney can advise you of your legal options.

What Happens During a Child Support Hearing?

In the state of Illinois, a child support hearing may be conducted in one of two places: a courtroom presided over by a judge or through the Illinois Department of Healthcare and Family Services (HFS). During a child support hearing, each party will answer questions about their specific circumstances, which will allow the court to determine the correct amount of support. A couple who has not yet established paternity may need to address the issue of legal fatherhood first before a child support order can be issued.

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DuPage County child support modification attorney

As a parent pursuing child support following a separation or divorce, it is not uncommon to encounter various roadblocks. The process can bring all kinds of questions and concerns to the surface, and parents will need answers to these questions sooner rather than later. They need to know how much support they qualify for, how that support will be provided, and the certainty that funds are not only available but reliable on an ongoing basis. Additionally, those paying support are entitled to know how their obligations are calculated and what is expected of them by law.

Income Shares Approach

Whether discussions about support arrangements have turned tense between you and the other parent, or you simply feel overwhelmed as you begin your attempt to secure the means needed to care for your child, consider the following tips to better understand the “Income Shares” method in the state of Illinois:

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Lombard, IL child support lawyer

In a divorce, child-related issues can prove to be contentious, and disputes may arise over child support obligations. Whether raising a child with an absent parent or within an antagonistic relationship, single parents have long faced significant challenges when it comes to child support here in Illinois. While new state laws that went into effect in 2017 aimed to better protect the well-being of children in need, they also made support matters more complicated for many families, due to new calculations that the courts now use to determine financial responsibility. Regardless of the specific amount of support, the custodial parent relies on that money for expenses related to the upbringing of his or her child. In some cases, a parent may need to take legal action to collect the payments that are due.

Assistance for Obtaining Child Support Payments

If you currently find yourself in a situation where you are in need of child support but are not sure where to turn for answers, rest assured there is assistance available to help you. Here are a few examples of how an attorney can help secure the resources necessary to raise your child alone:

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How Does Remarriage Affect Child Support Payments in Illinois?Child support laws vary from state to state, especially in situations where one spouse remarries. Illinois uses an income shares model to calculate how much each parent must contribute to child support. The parents’ combined net income and the number of children will determine their combined child support obligation. Then, each parent will pay a percentage of the obligation that is proportionate to their percentage of the combined incomes. For example, a parent who makes $70,000 of a $100,000 combined income would pay 70 percent of the child support obligation.

The parent who has a majority of the parenting time will receive child support payments from the other parent, regardless of who has a greater income. However, a minority parent with a lesser income is not required to pay as much towards the children’s expenses as the majority parent with a greater income. The equation can change in a shared parenting agreement, which Illinois defines as each parent having at least 146 days with the children during the year. There are also situations in which a parent can request a modification of the child support payment. 

How Does Remarriage Tie In?

Illinois allows a parent to petition to modify child support when there is a change of circumstances that affects either:

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