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Our DuPage County family law attorneys are prepared to offer you assistance in a wide array of cases. If you have questions about child support, read through the following information, and contact us for assistance.
Who Pays the Support?
Generally, the non-custodial parent will pay child support to the custodial parent. In other words, the parent who does not primarily live with the child will usually pay the support. Custody is determined in the best interests of the child, based on a number of factors. Parents can either agree to a custody arrangement in a settlement agreement, or a judge will make the final custody decision. Similarly, parents can agree to a child support amount in a settlement agreement. Otherwise, a judge will calculate the non-custodial parent’s support obligation.
How Is Support Calculated?
In Illinois, child support is totaled using a complex calculation that involves many factors, such as each parent’s income, the child’s needs, and how much time the child spends with each parent. Under state law, both parents have an obligation to provide financial support for their child. The exact support amount will differ in every case, depending on the unique facts involved. In some cases, child support will need to be re-calculated, or modified, in the future. Modifying a child support agreement or court order requires proving that some circumstance has substantially changed. If you think your support agreement or order should be modified, contact an experienced family lawyer in your area.
How Does the Process Work?
Many child support matters are actually part of a divorce case. Other times, the child support issue is a separate case, which is common if the parents are unmarried. After one parent initiates the case by requesting child support, the court will set out to determine how much support should be paid. Both parents will need to provide detailed information about their sources of income, and information about the child’s needs. Once an agreement is settled, or the court gives its final order, the paying parent will make his or her payment through the case. Specifically, he or she will send a monthly support payment to the Illinois State Disbursement Unit (ISDU). ISDU will then send the money to the custodial parent, so he or she can provide for the child’s physical, emotional, and mental needs.
Is Child Support Tax Deductible?
For the purposes of federal income taxes, the paying parent cannot deduct child support from his or her taxes. On the other hand, the receiving parent does not have to pay taxes for child support. The same is generally true for your Illinois state tax return.
Free Consultation with DuPage Child Support Lawyers
For over 35 years, Martoccio & Martoccio has answered questions like those above for DuPage County residents. We understand that the complex child support process will raise additional questions and concerns. Our experienced DuPage County family law attorneys are here to answer those questions, and give you the legal help you need to move forward. Contact us today to schedule a free initial consultation.