Blog
Law Office of Vincent C. Machroli, P.C.
High Point Plaza, 4415 West Harrison Street, Suite 213, Hillside, IL 60162
High Point Plaza, 4415 West Harrison Street, Suite 213
Hillside, IL 60162

CALL TODAY FOR A FREE CONSULTATION

708-449-7404

Subscribe to this list via RSS Blog posts tagged in child support

Oak Park IL family law attorneyIn Illinois, parents are legally required to provide financial support for their children until they turn 18 or graduate from high school, whichever comes later. When parents are no longer in a romantic relationship, even the smallest of child support issues can lead to major conflict. There are many reasons why a parent may be behind on child support payments, but when they miss payments purposefully, there are certain things the other parent can do to try to recover the missing amount.

Notification of Delinquency

One option when the other parent is not paying support is to notify the Illinois Division of Child Support Services (DCSS). After receiving notice, the DCSS will begin to monitor the paying parent’s account. Before any actions can be taken, however, the DCSS must first notify the non-compliant parent of the delinquent status of their account and the resulting actions the Division may take. This allows the non-compliant parent a chance to explain why their payments are overdue and to confirm whether the amount due is correct.

Potential Remedies for Late Child Support Payments

If the paying parent is subsequently notified that DCSS action is going to be taken against them, DCSS can use several methods of recovering support for unpaid obligations, including:

...

Hillside child support attorneyChild support in Illinois is determined using what is known as the “Income Shares” model. This calculation method takes into account each parent’s net income, and, in cases involving shared parenting, it also takes into account the amount of parenting time assigned to each parent. A parent’s child support obligation is intended to be reasonably affordable, while still providing the financial support the other parent needs to cover child-related expenses. However, if circumstances change, the amount of child support a parent pays may no longer be appropriate, and a child support modification may be necessary.

Changing Your Illinois Child Support Order

Child support orders are legally-enforceable court orders that must be closely adhered to. If a parent does not pay his or her child support in full and on-time, he or she may face serious consequences. If you need to decrease your child support obligation, or if you are the recipient parent, and you need to increase the amount of child support you receive, you will need to petition the court for a child support modification. Illinois courts may modify an existing child support order if:

  • There has been a “substantial change in circumstances” (defined in the next paragraph); or,
  • A modification is needed to provide for the child’s healthcare needs; or,
  • There is a considerable difference between the current child support obligation and the guidelines established by the Illinois Marriage and Dissolution of Marriage Act (IMDMA), and the deviation from the guidelines was not an intentional decision by the court.

Defining “Substantial Change in Circumstances”

Typically, a child support order is eligible for modification if a parent’s financial resources or the child’s financial needs have changed significantly. For example, if the paying parent (also known as the “obligor parent”) experiences a considerable increase in net income, his or her child support obligation may increase. Conversely, if the obligor parent loses his or her job, experiences a significant reduction in income, or experiences a significant increase in expenses, his or her child support obligation may decrease. However, the change in employment situation must have occurred in good faith - so if the parent voluntarily quit his or her job or took a position making less money to intentionally reduce his or her child support obligation, the court in these circumstances will most likely deny a modification request. An Illinois child support order may also be modified if the financial resources of the parent receiving support significantly increase or decrease. A substantial change in the allocation of parental responsibilities or parenting time may also necessitate a child support modification.

...

Oak Park, IL spousal maintenance modification attorneyA common fear that many divorced persons have is of now being alone forever. In some cases, this fear can cause a person to stay in a marriage much longer than they would like. However, contrary to popular belief, those who get divorced will not necessarily remain single for the rest of their lives. In fact, many divorcees take the lessons that they learned in their first marriage and put those towards a healthier and more mature relationship in the future. For some, this may mean a second marriage, while others may prefer to avoid saying “I do” a second time. Regardless of the status of your relationship, it is important to understand how bringing a new partner into your life may result in changes to your divorce agreement. 

Child Support Payments

Parents’ child support obligations are determined using a number of factors. The court will compare the amount of time that the child spends with each parent and see who will be the primary caregiver or custodial parent moving forward. The non-custodial parent is typically responsible for making child support payments to the custodial parent to ensure that children’s ongoing needs are met. In most cases, the non-custodial parent will continue to pay child support regardless of whether either parent gets remarried. 

However, a parent may ask for an adjustment to the amount of child support if they have experienced a change in circumstances. For example, If the non-custodial parent remarries and will be contributing toward the support of step-children, he or she may ask for child support payments to be lowered. On the other hand, if the custodial parent remarries, and this results in a change in his or her household finances, child support may also be adjusted at the court’s discretion.

...

Hillside paternity attorneyMany families take the concept of “paternity” for granted, assuming that the identity of the father is assumed and not under consideration. However, some families do not have this luxury. When parents are unmarried at the time of their child’s birth, the father will not always be automatically assumed to be the child’s legal parent. From a parenting standpoint, this may not be an issue for the mother, but there are many benefits that come along with legally recognizing a child’s father.

Benefits of Establishing Paternity

Legally naming a person as a child’s father can have both emotional and financial benefits. On the personal side of things, most children want to know their biological parents, whether they openly express this or not. Not knowing their father’s identity can leave a lingering question in the back of their minds. Some mothers or children may fear that knowing a father’s identity requires the child to have a relationship with him. However, even if a child does not want a  relationship with their father, it can still be beneficial to know who they are to resolve this internal questioning.

Financially, every child has a right to receive support from both of their biological parents. Children are entitled to child support to ensure that their ongoing needs are met. Depending on their father’s occupation and insurance coverage, children may also be eligible to receive health insurance benefits. Children are also eligible to receive any Social Security benefits, Veteran’s benefits, or an inheritance upon their father’s death.

...

Oak Park child support attorneyChildren deserve to receive financial support from both of their parents, whether a mother and father are married, unmarried, or divorced. In order to help unmarried or divorced parents share the costs of raising a child, a court may order one parent to make child support payments to the other. In Illinois, child support is calculated using the “Income Shares” method, which takes both parents’ financial circumstances into consideration. If a parent fails to fulfill his or her child support obligations, he or she can face serious civil and even criminal consequences. Child support orders may be modified later if one of the parents experiences a “substantial change in circumstances” that necessitates the change.

The “Income Shares” Model for Calculating Child Support

Before major changes were made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in 2017, child support was determined using a simple percentage of the paying parent’s income. For example, if a parent had two children with an ex-spouse, he or she would pay a monthly child support payment that was 28 percent of his or her monthly take-home income. Currently, however, Illinois uses a different model to calculate child support. This calculation method takes both parents’ net incomes, as well as the amount of parenting time each parent has, into consideration in order to arrive at an amount that is fair and reasonable. 

To calculate the amount of child support payments, each parent’s net income is established by taking their gross income and subtracting certain deductions, such as taxes, health insurance premiums, mandatory retirement contributions, and previous child support or spousal support obligations. Next, the total amount of money needed to support the child is determined based on the amount parents who earn that combined income would typically spend to support the number of children they share. Finally, this cost is split proportionally between the parents based on their net incomes. The parent who has the majority of parenting time will typically be the recipient of child support, and the other parent will be the payor.

...
Illinois State Bar Association LAW QA Verified DuPage County Bar Association American Bar Association Highly Recommended by Locals On Alignable Martindale-Hubbell Gold Client 2018 AVVO Will County Bar Association Vincent C. Machroli & Associates, P.C. BBB Business Review
Back to Top