Tag Archives: Illinois Child Support Attorney

illinois child support attorney"Must child support be withheld from my pay by my employer in Illinois? Can I choose instead to make my child support payments directly to the mother?"

Under the Illinois Income Withholding for Support Act, you can make the direct payments but only if the you and the mother (or obligee who receives the payments) agree in writing to direct payment and both of you sign the agreement. 750 ILCS 28/20 (a)(1)

Even then, the order requiring you to pay child support must provide that an income withholding notice is to be prepared and served upon your employer if you become delinquent in paying the order for support.

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 Credit for Child Support Orders Act, Full Faith and Credit Clause, Illinois Child Support Attorney, Martoccio & Martoccio, Sistare v. Sistare, Uniform Interstate Family Support ActX URESA“My spouse is required to pay child support by order of the court; what happens if he moves out of state?”

As the ease of changing residency increases, so does the number of people relocating throughout the country. There are more people than ever relocating for better employment opportunities, to be closer to family, or just for better weather.

No matter the reason for relocation, spouses subjected to support orders often take the relocation as an opportunity to stop paying court-ordered support payments. This creates an issue, because each state is independent in its laws and procedures regarding divorce and support payments.

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illinois child support attorneyDo I have to pay daycare or preschool expenses in addition to my child support?

In Illinois, daycare or preschool expenses are in addition to child support. Child support is ordered by a judge or administrative hearing officer in Illinois. Guidelines established by Illinois statute are used Judges to set child support' For example. Illinois guideline child support is 20 percent of the paying party's net income for one child, 28 percent for two children, 33 percent for three children, and 40 percent for four children and so forth. This percentage is applied against net income.

"Net income" has a very specific definition under Illinois statute and typically refers to gross income from all sources including overtime deductions for Federal and Illinois State income taxes, health and life insurance and certain other deductions that are deducted from gross income to arrive at net income. At this point in Illinois law the mother's income is not relevant to the calculation of the Fathers child support but this may change soon. So you may want to check back with our blog to be up to date.

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