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Naperville Child Support Attorney

Bolingbrook family law attorney for child support

Lawyers Helping Parents Address Support Payments and Expenses in Will County and DuPage County

When married parents get divorced, or when unmarried parents split up, they will want to be sure their children's needs will be met while also maintaining financial stability in their separate homes. In many cases, child support payments will be ordered to ensure that both parents share in the expenses involved in raising their children. When addressing matters related to the financial support of children, it is essential to work with a knowledgeable and experienced family law attorney who can make sure all relevant financial factors are considered.

The Law Office of Ronald L. Hendrix, P.C. has assisted clients in a wide variety of divorce and family law cases, and our attorneys understand the legal and financial issues involved in calculating child support obligations. With over 35 years of combined legal experience, we can help you resolve your financial issues, ensuring that your children will have the support they need while allowing you to cover your own expenses.

Calculating Child Support in Illinois

The state of Illinois uses an "income shares" method of calculating child support obligations, which means that both parents' incomes will be taken into account. The method used to determine child support payments is as follows:

  1. Each parent's net income is calculated by adding up all sources of income and deducting expenses such as taxes, mandatory union dues, and child support or spousal support obligations from previous relationships.
  2. A combined net income is determined by adding the two incomes together. 
  3. Each parent's percentage share of the combined income is determined by dividing their income by the combined income.
  4. The Illinois Department of Healthcare and Family Services' table of standard child support amounts is used to determine a Basic Support Obligation. This table lists the amount that a married couple who earn a specific combined income would be expected to spend to care for a certain number of children.
  5. Each parent's individual child support obligation is determined by multiplying the Basic Support Obligation by their percentage share of the combined income.

In many cases, the parent who is allocated the majority of the parenting time will be considered the primary parent. Generally, the non-primary parent will pay their portion of the child support obligation to the primary parent, while the primary parent's portion of the obligation will be presumed to be directly spent on children's needs.

When parents will have near-equal amounts of parenting time, additional calculations may need to be performed to determine child support payments. If children will be spending 40% or more of their time with each parent, or 146 overnight stays per year, this is considered Shared Parenting. In these cases, each parent's percentage share of the Basic Support obligation is multiplied by 1.5, then it is multiplied by the other parent's percentage of parenting time. These calculations will result in a Shared Child Support Obligation for each parent, which is lower for each parent. The lower obligation is then applied, and the resulting figure is the amount of support the parent with the higher obligation will pay to the other parent.

In addition to the amount of support determined using the calculations above, parents may also need to share in additional expenses above and beyond what is needed to provide for children's basic needs. These may include educational expenses such as school enrollment fees or supplies, daycare, healthcare expenses such as medical insurance premiums or medications, and the costs of extracurricular activities. These expenses are typically divided according to the parents' percentage shares of their combined income.

Contact a DuPage County Child Support Lawyer

When getting a divorce or separating from your partner, you will want to be sure all relevant factors are considered to determine child support payments. In addition to ongoing support and expenses, you should also be aware of your obligations related to children's college expenses or other forms of non-minor support. At the Law Office of Ronald L. Hendrix, P.C., we can work with you to make sure your children's needs will be met and that you will be able to maintain financial stability. To arrange your free consultation, contact us at 630-355-7776 or 815-722-7050. We serve clients in Bolingbrook, Naperville, Plainfield, and throughout Will County, Kane County, Kendall County, and DuPage County.

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