St. Charles Child Support Attorneys

Child Support Lawyers for Orders, Modifications, and Enforcement in St. Charles, IL

In Illinois, child support is based mainly on both parents' incomes, the number of children, and how parenting time is divided. It is not a flat percentage of one parent's paycheck. Small changes to the parenting schedule, or to how income is reported, can move the number by a large amount. Support is also one piece of a larger family law case, and the pieces can affect each other.

If you need to set up, change, or enforce a support order in Kane County, IL, the St. Charles child support lawyers at A. Traub & Associates can help you put the right information in front of the court. Our lead attorney has more than 20 years of experience in Illinois family law and has been named a Super Lawyer since 2020 and an Elite Lawyer since 2018. We represent parents on both sides of these cases, addressing fathers' rights matters and support questions that can come up during a divorce or child custody case.

How Parenting Time Affects Child Support in Illinois

Child support starts with a set calculation. The court will calculate each parent's monthly net income, meaning income left after certain required deductions. It will add both incomes together and look up the matching figure on a schedule the state publishes. That figure is the basic support amount, and each parent owes a share of it based on the percentage of the combined income he or she earns.

Parenting time can change how that amount gets divided. If each parent has at least 146 overnights per year, the court uses a shared parenting formula. The formula multiplies the basic support amount by 1.5, then splits it based on income and parenting time. Because both parents cover costs during their own time, only the difference between the two shares is paid.

If one parent has fewer than 146 overnights, the shared formula does not apply, and the standard calculation is used. Moving from 145 overnights to 146 can change the yearly total by thousands of dollars, which is why it is important to understand how child custody decisions could affect child support.

Expenses That Can Be Added to the Basic Child Support Amount

The schedule amount of child support does not cover every cost. Certain types of expenses may be split between parents in proportion to their incomes. These include your child's health insurance premiums, child care needed so a parent can work, and costs like ongoing medical treatment or special educational needs. It is crucial to ensure that these amounts are addressed in a child custody order. Vague wording can lead to arguments about who is required to pay which types of expenses.

College costs are decided separately. Illinois courts may order parents to help pay a grown child's school expenses. Help with tuition and housing is generally capped at what the University of Illinois at Urbana-Champaign charges in-state students. Those expenses usually must be incurred before a child turns 23.

The End of Child Support in Illinois

Support will usually end when your child turns 18. If your child is still in high school at age 18, support will generally continue until their graduation or their 19th birthday, whichever comes first.

There are exceptions. Child support may last longer if your child has a disability and cannot support himself or herself. It may end sooner if your child becomes emancipated, which means the law treats the child as an adult.

Child support does not always stop on its own. Your order should list an end date. If it does not, you may need to ask the court to end it. Unpaid amounts will not disappear. Each missed payment can still be collected, along with interest. If another adult holds a guardianship over your child, the court may direct support to that person instead of to a parent.

Modifying a Child Support Order in Kane County

You may ask the court to change the amount of child support after a substantial change in circumstances. That covers events like losing a job, receiving a large raise, adopting a new parenting schedule, or facing new needs for your child.

Enforcing Child Support When a Parent Stops Paying

Most support is paid through income withholding. A parent's employer will take the money from their paycheck and send it to a state office, which will forward it to the other parent. When payments have not been made as required, a parent may file an enforcement case in family court.

A parent who ignores a support order on purpose can be held in contempt. This could lead to probation, imprisonment in jail with release for work, a suspended driver's license, or seized tax refunds. A parent who genuinely cannot pay may have a defense, but they will need to file a modification request. Until a modification is approved by the court, all payments must be made as ordered.

Contact Our St. Charles, Illinois Child Support Lawyers

At A. Traub & Associates, we build child support cases based on documented income and actual parenting time. Our firm can handle new child support orders, modifications, and enforcement throughout Kane County. We strive to maintain communication with clients, and we are committed to helping them resolve family law matters successfully. More than 150 five-star reviews reflect our level of commitment to helping our clients achieve their goals. Contact our St. Charles, IL child support order attorneys at 630-426-0196 to schedule a consultation.