Tag Archives: Hinsdale child support attorney

Illinois divorce lawyerIn many divorce cases, an ex-spouse is required to pay child support. If your ex-spouse owes you child support and you have remarried, you may be wondering whether your child support payments will change. The answer is that your remarriage may have an effect on the amount and duration of child support you will receive.

Child Support Calculations in Illinois

The Illinois Marriage and Dissolution of Marriage Act dictates how child support works in the state. It uses the net income of the non-custodial or parent who does not have legal custody of the child and the number of children they are responsible for to determine how much the non-custodial parent must pay in child support.

In addition, the court considers other factors such as the financial resources of the child, their education needs, the child’s standard of living before the divorce, and the needs of the custodial and non-custodial parents. Although both parents may agree on a certain amount for child support payments, their agreement must meet minimum requirements and be approved by the court.

A New Spouse’s Income and Its Affect on Child Support

In the past, a new spouse’s income did not play a role in changing child support payments because child support was viewed as the financial obligation of both parents and based on a child’s best interests. That being said, new spouses or step parents were not legally obligated to support their stepchild.

However, in more recent years, Illinois Appellate Court has ruled that a court may consider the income of a parent’s new spouse in determining a child support amount.

The case placed emphasis on both parents’ financial obligations to assist their child with college-related expenses. It brought light to the fact that all financial resources available to parents should be considered when calculating child support payments.

Today, the income of a new spouse can serve as a valid reason to alter an existing child support agreement. This is especially true if the new spouse’s income is exceptionally high because their additional income allows the parent to meet their needs and as a result have more money available to pay child support.

Contact Our DuPage County Child Support Lawyers

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Illinos child support lawyerIn July, Illinois put into a place a new way to calculate child support obligations. The new method takes into consideration the amount of time each parent spends with the child as well as each parent’s income.

Previously, the non-custodial parent paid the custodial parent a percentage of income based on the number of children being supported. Under the new model - called the income shares model - there are more factors, leading to a more complicated calculation that may increase or decrease the amount of child support paid each month.

In situations where one parent has a majority of the parenting time (or custody), the calculation is made as follows:

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Illinois family law attorney, Illinois child support attorneyIf you are facing divorce and have children, you will undoubtedly have a longer process to go through than divorcing couples who are childless. One of the most complicated factors of divorce with children is settling issues of child support upon dissolution of the marriage.

Despite media saturation of parents failing to provide the type of child support for their children mandated legally, the vast majority of divorced non-custodial parents want nothing but the best for their children, and this often takes the form of money. It is when the exchange of this money lacks transparency that parents often feel reluctant to hand it over.

And it is a lot of money. Nationwide, an estimated $200 billion is exchanged annually in the form of child support and shared custody arrangement costs. In Illinois, the collection and distribution of child support is handled by the office of the Attorney General. The State Attorney General’s office collects approximately $300 million in child support from 90 Illinois counties. The efforts of the A.G.'s office appear to be working. In 2013, the agency collected almost $1.5 million more than they did in the previous year, and they handled almost 500,000 child support cases that year.

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Illinois child support lawyer, Illinois family law attorneyIt has become a well-branded term in our society today, the “deadbeat dad” but the legal definition of those unwilling to honor their financial obligations under a court-appointed child support order actually shows no gender preference.

The legal definition refers to deadbeat parents as those of either gender who freely fail to be supportive parents or those who opt out of paying their child support obligations. Not only has this situation been a state level problem but it also has caught the attention of federal agencies as well.

One in particular, the Office of Inspector General, United States Department of Health and Human Services (OIG), operates the Most Wanted Deadbeat Parents child enforcement website that posts “most-wanted” type photos of those who have refused to pay their child support.

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deadbeat parents, Illinois family law attorney, Illinios child support attorney, Child support is a legally required payment made by a parent for the financial support of his or her child. Under Illinois law, both parents are required to provide financial support for the child’s well being. Usually, the non-custodial parent, the parent who does not live with the child, pays the custodial parent child support. Unfortunately, sometimes a parent disregards a court order and fails to pay child support. If your child’s other parent has ceased making support payments, an experienced family law attorney in DuPage County can advise you on your options.

Enforcing Child Support Orders

When a non-custodial parents fails to make their child support payments, the other parent can ask the court to enforce the support order. The custodial parent can formally petition the court to basically force payment from the non-custodial parent. This is different than filing for child support. You can only ask the court to force support payments after a judge has granted a child support order. According to the Illinois Attorney General, approximately $289 million in child support was collected by the state in 2013. Some of these payments were made after a court enforced a child support. Illinois courts have multiple ways to enforce these orders; one way is to garnish the non-custodial parent’s wages.

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