Hinsdale Child Support Attorney

DuPage and Cook Family Law Attorneys Helping Families Navigate Child Support Options

Children in Illinois are entitled to receive financial support from both of their legal parents. Whether a child's parents are getting divorced or were never married, each parent has some responsibility to financially provide for the child. Even if only one parent has parenting time for whatever reason, the other parent still has an obligation to support their child. Children cannot provide for themselves, so it is the responsibility of their parents to meet their basic needs until they become adults.

CG Law LLC can help your family create a child support arrangement that meets the needs of your child. Our dedicated lawyers can guide you through alternative dispute resolution to create a support agreement, or we can advocate for the best interests of your child in court. We are skilled in overcoming barriers to establishing and enforcing child support, and we will do all we can to ensure that your child will have the support they deserve.

Establishing Paternity May Be the First Step

If you were married to your child's other parent at the time of the child's birth or when the child was conceived, you are presumed by the court to be your child's legal parent. Otherwise, it may be necessary to establish paternity before child support arrangements can be put in place.

If your child's other parent agrees that they are a biological parent, a Voluntary Acknowledgement of Paternity can be signed. Your attorney can help you prepare and execute this document or prepare a proposed order establishing paternity.

If the other parent will not agree to acknowledge paternity, or if you are uncertain as to who the other parent is, your lawyer can help you take the right steps to establish paternity. This may mean going to court and possibly asking a judge to order a DNA test. The judge can order the other parent to submit to a DNA test that will prove whether or not they have a genetic relationship with the child.

After paternity is established, you can then pursue child support, and the other parent could also pursue parental responsibilities, including parenting time with the child.

How Is Child Support Determined in Illinois?

Child support is calculated based on the income of each parent and parenting time of the parties. The court may also consider the basic and special needs of the child in question. Both your income and the other parent's income will be considered. Income includes all wages, including overtime and holiday pay. Income does not include public assistance or payments another child in the parent's household is entitled to.

Your child's basic needs include things like food, shelter, clothing, and healthcare. Their additional needs might include childcare while both parents are working or unable to care for the child, as well as extracurricular activities.

The amount of parenting time each parent has will also be considered. Normally, the parent who has the majority of parenting time receives child support from the other parent. This is because the parent who physically has the child with them most of the time is usually the one purchasing things like groceries, clothing, and medicine for the child.

What if My Child's Other Parent Refuses to Pay?

There are steps a lawyer can take to force a parent to comply with a child support order. In Illinois, this might include steps like garnishing a non-compliant parent's wages or tax refunds or even criminally prosecuting a parent who has the means to comply but refuses to. Illinois takes the enforcement of child support seriously and offers a number of possible legal sanctions that can be used to collect back payments and enforce ordered payments in the future.

Contact a Chicago, IL Child Support Lawyer

CG Law LLC is a woman-owned law firm dedicated to helping parents recover the financial support their children deserve. Our experienced Hinsdale child support attorneys will work towards the goal of ensuring that the other parent is doing their part to meet your child's financial needs. Contact our office at 312-884-9012 for a free consultation.