Elmhurst Child Support Attorneys

Lawyers Addressing Child Support and Child-Related Expenses in Elmhurst, IL

In many family law cases, child support orders will be put in place to ensure that children will receive the financial resources they need to thrive. When parents do not live together after a divorce or separation or because they were never married, child support obligations will ensure that a child's standard of living can be maintained while providing for their basic needs. Child support is not a punishment for one parent or a reward for the other. Instead, it ensures that both parents will meet their financial responsibilities toward their children.

Issues related to child support can be more complex than many parents may realize. Illinois has specific guidelines and formulas that courts use to calculate child support payments, but there are many variables that can affect the final calculations. Parents who do not fully understand their rights and obligations may end up agreeing to arrangements that are unfair, or they could face enforcement actions if they are unable to meet their obligations.

At A. Traub & Associates, our lawyers provide parents with legal representation in family law cases involving child support. If you are seeking to establish a new child support order, modify an existing order, collect unpaid child support, or defend against a request for increased support, we can help you make sure these issues will be handled correctly.

The Purpose of Child Support

Child support is meant to ensure that children's needs will be met even when their parents do not live together. The law recognizes that children should not suffer financial hardship because of their parents' separation. Both parents are legally obligated to provide for their children's needs. In most cases, the parent with less parenting time will make ongoing child support payments to the other parent.

Child support orders may be established in nearly all situations where parents do not live together, regardless of how child custody or parenting time is handled. Even in cases where parents share parenting time on a 50/50 basis, one parent may still be required to pay child support if they earn more than the other parent. The goal is to ensure that children can maintain the same standard of living that they would have had when parents were together, while preventing one parent from taking on most of the financial burden of raising children.

Child support payments can cover a wide range of expenses associated with raising a child, including housing, food, clothing, transportation, and other day-to-day costs. Child support orders may also include additional expenses, such as healthcare costs, educational expenses, and extracurricular activities.

Calculating Child Support Under Illinois Law

In Illinois, child support calculations are based on guidelines provided in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505). The state uses what is known as an "income shares" model, which is meant to ensure that fair child support payments will be put in place based on the income and financial resources available to both parents.

The calculation process begins with determining each parent's net income. Net income may include wages, salaries, bonuses, commissions, self-employment income, and certain other sources of income. Deductions from gross income may include federal and state income taxes, Social Security and Medicare taxes, mandatory retirement contributions, and union dues.

Once each parent's net income is determined, the combined net income of both parents is calculated. Illinois provides a table of basic child support obligations for different income levels and numbers of children. The table reflects estimates of the amount parents would spend on their children if they were not living in separate homes.

The basic support obligation is then allocated between the parents in proportion to their respective incomes. For example, if one parent earns 60 percent of the combined net income and the other earns 40 percent, the support obligation would be divided accordingly. Adjustments may be made to the basic support obligation based on parenting time arrangements. When a parent has 146 or more overnights per year with the child (approximately 40 percent of the time), child support may be adjusted to reflect the percentage of time children will live with each parent.

Our attorneys will carefully review our clients' financial circumstances and ensure that child support calculations are performed accurately. We can identify income that should be included in the calculations, challenge attempts to hide or underreport income, and advocate for appropriate adjustments when necessary.

Additional Expenses Beyond Basic Child Support

While the basic child support obligation can cover many of the ordinary costs of raising a child, additional expenses may be required to address various needs, and these expenses may be shared between parents. Child support orders will typically include provisions addressing these extra costs.

Healthcare expenses are among the most common additional costs addressed in child support orders. The court will typically require one or both parents to maintain health insurance coverage for the child, and the costs of coverage will be divided between parents. Medical expenses that are not covered by insurance may also be allocated between parents.

Educational expenses may also be included in a child support order. These can include costs for private school tuition, tutoring, special educational needs, school supplies, and fees for school activities. For older children, parents may have obligations to contribute to college expenses.

Extracurricular activity expenses are another category that courts may allocate between parents. These may include the costs of participation in sports teams, music lessons, dance classes, summer camps, and other enrichment activities.

Childcare expenses required due to a parent's employment or education may also be factored into child support calculations. If a parent will need to pay for daycare, after-school care, or babysitting in order to work or attend school, the other parent may be required to contribute to these costs.

Deviations From the Child Support Guidelines

While the guidelines in Illinois law provide a framework for calculating child support, courts may deviate from the guidelines in certain situations. Deviations may result in either higher or lower child support payments.

Deviations might be appropriate when a child has extraordinary medical needs that require ongoing treatment or therapy, when a parent has significant wealth or earns a high income, when one parent provides substantial support such as providing housing or paying directly for the child's expenses, or when child support calculated using the guidelines would prevent a parent from covering their own basic living expenses.

Our lawyers can evaluate whether a deviation from the child support guidelines may be appropriate in a particular case. We can present evidence and arguments supporting a deviation when it is in a client's interest to do so, or we can challenge a requested deviation that would result in an unfair outcome.

Contact Our Elmhurst, Illinois Child Support Lawyers

In family law cases, it is important to ensure that children will receive the financial support they need from both parents. When addressing issues related to child support, legal representation from an experienced lawyer can make a significant difference in the outcome of your case. At A. Traub & Associates can provide the guidance you need to resolve these issues while protecting your financial interests. To schedule a consultation with our Elmhurst child support order attorneys, call us at 630-426-0196.