Tag Archives: child support modification

Illinois family lawyerIf you are going through a divorce and have children, child support is likely at the top of your mind. Since there are many misconceptions about this topic, we have compiled this list of common questions about child support in Illinois. Once you read through the answers to these questions, you’ll become more familiar with the basics of child support and how it may affect you.

1. Which parent is responsible for making child support payments?

Although the answer to this question varies from case to case, the parent who has the most parenting time with the children typically receives child support payments. If both parents have equal parenting time, they may not have the obligation to pay child support to one another.

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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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Illinois child support attorney, Illinois family law attorneyUnder the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5), Section 505 is fully dedicated to the provisions and penalties of compliance to court-sanctioned child support orders. With upwards of 50 percent of American children witnessing the breakdown of their parents' marriage as well as the family dynamic, family law discussions involving child support and visitation schedules may very well reign as the primary focus of a family’s divorce.

As parents, attorneys, and the judicial system work diligently to ensure the child’s best interests are represented, decisions made at the time of the divorce may not remain copacetic with the original order, as the future can be uncertain.

Under Illinois statute, either parent can petition the court for a modification of child support in the event of substantial changes in circumstances. The Illinois family courts define these instances of change in income level, new medical or disability issues, the ratio of cost of living, changes in a child’s needs, or in response to new Illinois child support guidelines.

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Hinsdale family law lawyer, child support loweredParents have a duty to support their children in Illinois. Commonly, child support is Ordered by a Domestic Relations Judge or through the Illinois Department of Children and Family Services. To reduce a Child Support Order you will need to file a Petition for Modification of Child Support. What you write in your Petition and use as a basis for asking for that reduction makes all the difference as to whether your child support will be reduced.

10 Top Tips to Getting Your Child Support Reduced In Illinois

Tip One: The most recent new tip to get your child support reduced—if you are paying off student loans, you may be entitled to a child support reduction. Prior to the new Illinois Divorce Law changes as of January 1, 2016, Illinois divorce laws stopped Illinois divorce judges from deducting your student loan payments from income before applying child support guidelines. As of January 1, 2016, Illinois divorce and paternity law has changed. Illinois judges must now deduct your student loan payments from your income in calculating guideline child support. [750 ILCS 5/505(a)(3)(h)]

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Illinois child support lawyer, Illinois family law attorney, Illinois divorce lawyer,If you are currently receiving child support through the judicial system in Illinois, as per the Illinois Child Support Services, according to the Illinois Marriage and Dissolution of Marriage Act  (750 ILCS 5) the original child support order is revisited every three years.

Although this is a sound check and balance system which provides each involved party to review the financial well-being of the child caught in the cross-fire of divorce, there are times when an additional review of the child support order may be warranted.

If you have concerns that the amount of support may not be covering the costs associated with financially supporting your child, the following answers to commonly asked questions may provide better insight but before deciding to move forward, it is always best to consult with an experienced Illinois child support attorney.

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