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Naperville child support attorney

In divorce cases that involve children in Illinois, one of the issues that must be addressed is child support. In Illinois, the financial duty of raising a child is not the responsibility of solely the custodial parent -- both parents have a legal obligation to financially provide for their children. Typically, the parent with the least amount of parenting time will pay the other parent support each month until the child’s 18th birthday or until they graduate from high school, whichever comes later. The amount of child support that each parent is responsible for is determined by using a formula that takes into account both parents’ incomes and parenting time shares. Over time, the factors used in that equation or your life circumstances may change and the amount of child support currently being paid may no longer be sufficient. Fortunately, it is possible to modify your support order in Illinois.

Common Significant Changes in Circumstances

There are only three reasons why a child support order is permitted to be modified: Either parent can demonstrate that there has been a significant change in circumstances, the support order has been found to deviate from the support guidelines, or the child’s healthcare needs have changed. The most common reason, however, for child support modifications tends to be significant changes in circumstances. Some of the most common changes can include:

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Will County divorce attorney child support

A common concern that parents have when they get divorced (or separate from one another if they were never married) is whether or not they will each be able to financially support their child, now that the other’s finances are no longer in the picture. Both parents are obligated to provide financial support for their child, even if they share custody of the child, which is where child support comes into play. A child support amount can be agreed upon by the parents, but the Illinois Marriage and Dissolution of Marriage Act (IMDMA) puts forth guidelines as to the minimum calculations for the support that each child is entitled to. It is important for you to understand how these calculations work, especially if you are getting a divorce in Illinois and you and your spouse have children together.

Finding Your Basic Support Obligation

First, your attorney will perform the calculations necessary to figure out how much the basic support obligation is for your child every month. The IMDMA states that this is determined by taking both you and the other parent’s monthly net income and adding them together. Once you have the sum of both of your monthly net incomes, you can then find the corresponding row with your income and the corresponding column with the number of children you have on the income shares schedule provided by Illinois Child Support Services. For example, two parents who have a monthly net income of $8,400 with two children would have a monthly support obligation of $1,950. 

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