Family Law & Child Support
Aurora Child Support Attorneys
Child support is determined according to various guidelines. Prior to a change as of August 2017, child support depended on the non-custodial parent's net income and the number of children for which he or she is responsible.
The current child support law of Illinois states that courts are directed to award as child support certain minimum percentages of the non-custodial parent’s net income, with no attention paid to the income of the custodial parent. Adhering to the guidelines set by other states, minimum guidelines are instead replaced with an “income shares” model. With this financial model, child support is allocated under stipulations of how the child would live with the combined income of each parent. It also considers the cost of living and the number of children involved.
In shared parenting scenarios, each parent must have the child for at least 146 overnights in one year. The base amount of total child support will then be multiplied by 1.5, and both parents will pay higher child support. The time each parent spends with the child is an important factor in determining how much child support each parent is responsible to pay.
Ultimately, the state of Illinois generally considers guidelines under the best interests of the child, including:
- Financial resources and needs of the child
- Financial resources and needs of the custodial parent
- Standard of living had the parents stayed together
- Physical, emotional, and educational needs of the child
Courts will usually follow these guidelines in making a minimum award of child support. However, in some circumstances there can be deviations from these guidelines--under no circumstance can a child support obligation be waived by either party.
Call our Aurora family law attorneys at (630) 901-8700 and get legal counsel today.
Understanding Child Support
A non-custodial parent has an absolute duty to provide child support to their minor child.
The aforementioned guidelines are usually followed by the court, and are ordered as a minimum contribution towards the support of the minor child(ren). Other expenses such as daycare, extra-curricular activities and uninsured medical expenses are usually not included in the overall child support obligation.
If you are required to pay child support, the court may require you to complete a child support with-holding order in which your child support obligation will be automatically deducted from your paycheck. In order to modify a child support order, there must be a "material" change in circumstances as to your income. An example of this would be if you lost your employment or received a substantial pay-cut. If no order is entered modifying your child support obligation, you will continue to be required to pay that amount. Orders modifying child support will usually not be applied retroactively.
Contact an Aurora divorce lawyer for legal representation
in any child support matter today by calling (630) 901-8700.
The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties.
