Tag Archives: Hinsdale child support attorney

Il divorce lawyerChild support is awarded during divorce, or when no marriage occurred between two parents, based on the following criteria:

  • Child’s needs, including education, medical, food and clothing, and other necessities
  • Child’s financial resources
  • Each parent’s income
  • Each parent’s other financial resources
  • Child’s standard of living during the marriage
  • Number of children the couple has together

When a court makes a decision about child support, that support order is rarely set in stone. If the divorce occurred when the child was seven, there is a very small chance that the order will not be modified over the next decade as the child grows to 18, and then goes to college. Modification orders can be made every few years, or “upon a showing of a substantial change in circumstances,” according to 750 ILCS 5 Illinois Marriage and Dissolution of Marriage Act. A substantial change in circumstances may constitute any of the following examples:

  • The paying parent gets a large raise.
  • The custodial parent loses their job.
  • The paying parent gets in a major accident.
  • The child begins attending private school.
  • The child reaches an age when he or she no longer requires child care.
  • The custodial parent has access to significantly more financial resources.

Modifying Child Support

Generally, remarrying does not have any effect on child support modification—after all, it is only the financial obligation of each parent to pay for their child’s needs. However, in a few rare cases, courts have sided with the paying parent’s argument that, because of a new spouse’s finances, the custodial parent had increased access to this shared financial resource. It could be argued that a spouse who remarries may be able to tap into the finances of his or her new spouse, using these resources to pay for food, clothing, housing, insurance, and education for their child.

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IL divorce lawyerChild support is a crucial financial tool for custodial parents and, of course, their children. In fact, full or partial child support payments account for 16 percent of custodial mothers’ total yearly income, and nine percent for custodial fathers. Sadly, a large percentage of non-custodial parents refuse to comply with their court orders, and either fail to pay on time or simply refuse to pay outright. Less than half (45.6 percent) of custodial parents receive full child support payments. Custodial parents were owed $10.4 billion in deficient payment in 2013 alone.

Many parents are owed tens of thousands of dollars from years of missed payments, which only makes things harder on the non-custodial parent’s own child or children. Collecting overdue child support payments is difficult enough when the parent lives in the same state as the custodial parent. It is even more complicated when the non-custodial parent moves out of state. It can seem impossible to enforce payments when the parent leaves the country. However, an attorney may be able to help you.

Utilizing the Office of Child Support Enforcement Is Key to Child Support Success

The Office of Child Support Enforcement works with foreign countries to enforce child support payments from non-paying parents who have skipped out on their financial obligations. Countries that have joined the Hague Child Support Convention (of which there are 31 countries) or Foreign reciprocating countries (FRCs) cooperate with the U.S. Department of State to hold non-paying parents accountable.

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Il family lawyerOf the 13.4 million custodial single U.S. parents, half have a legal or informal child support agreement with the other parent. Child support is used to pay for food, rent or mortgage payments, education, clothing, childcare, healthcare, transportation, and everything else that a child depends upon. As a parent’s financial situation changes, they may have a decreased or increased ability to pay child support or to financially support their child as the custodial parent. Moreover, child support may need to be modified due to a change in the child’s circumstances, such as needing cancer treatment, or no longer needing as many hours per week in childcare once they are enrolled in public school.

As children grow, parents get promotions or lose their jobs, families suffer unexpected medical emergencies, and other normal life events unfold throughout the years, a child support agreement that once made sense, may no longer be relevant. As either the custodial or paying parent, you may be able to modify the child support agreement if you can prove to the court that there have been substantial changes in circumstances for you, the other parent, or the child. A DuPage County family law attorney can help you petition the court for this much-needed modification.

Substantial Change in Circumstances

According to the Illinois Department of Healthcare and Family Services, child support is eligible for review for modification every three years. Or, a review can be done when a significant change occurs in the child’s needs or the financial ability of either parent. These changes in circumstances include the following:

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IL divorce lawyerStudent loan debt can take a toll on your child’s future. Therefore, planning for your child’s college is crucial. If you are divorced, however, you may find planning for college to be particularly difficult.

You are likely wondering how your child’s other parent will make decisions about paying for college when it is time for your child to earn a degree. Here are some tips for planning for college after a divorce:

Plan Early

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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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